1.1 These E-Commerce Terms of Purchase (“Terms”) apply to all products, services or subscriptions (Products) order or purchased from HIA’s website and the online HIA Shop. Please read these Terms before confirming your Order.

1.2. HIA's Website Terms & Conditions and Privacy Policy will also apply to your Order.

1.3. Some Products available on HIA’s website, such as HIA Membership and HIA Contracts Online may be subject to separate terms and conditions.  Where identified, additional terms and conditions may also apply to the supply and use of certain Products. Any additional or separate terms will prevail to the extent there is any inconsistency with these general Terms of Purchase.

1.4. If HIA is an authorised distributor of any Products owned by third parties, the terms of use and privacy policies associated with such third-party products may also apply.

1.5. From time to time, HIA may amend these Terms.  The amended Terms will apply to all purchases made after we have published them on this website. It is your responsibility to periodically review these Terms to stay informed of any changes.

1.6. In these Terms:

We, us, our or HIA means Housing Industry Association Limited ACN 004 631 752.

You or your refers to HIA members, customers and other persons who use or purchase from the HIA Shop.

Order means an order you place with us for the relevant Products in the HIA Shop.

Product/s refers to products, services or subscriptions purchased or supplied by HIA on the HIA Shop and the material and content available therein.

HIA Shop means the e-commerce store which you may access via the Website and purchase Products from.

Website means www.hia.com.au including all password protected areas) and any mobile sites, apps, APIs and widgets.

GST, Tax Invoice and Taxable Supply are as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

2.1. To submit an Order and/or to purchase a Product and access downloadable Products or online library resources, you will be required to register and activate a myHIA account (an Account).

2.2. As part of the Account registration process, you may be required to provide personal information and details, such as:

(a) your personal ID number (if you are a HIA member);
(b) your mobile phone number; 
(c) first and last name;
(d) your email address;
(e) post code;
(f) a secure password.

2.3. You warrant that any information you give to us in the course of completing the Account registration and activation process will always be accurate, honest, correct and up to date. 

2.4. Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

2.5. You are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from accessing or using your account.

2.6. We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

3.1. Products are ordered and the contract for the purchase of a Product is formed and concluded in accordance with the following process:

3.1.1 You select the relevant Product and proceed to the Checkout. A series of instructions will guide the Checkout process.

3.1.2 In placing an Order, you will be required to Login to your myHIA account.

3.2. Your Order constitutes an offer to buy the Products listed in your Order for the price specified on HIA’s Website as applying to the Product at the time of Your Order. Only upon HIA’s acceptance of your offer in the manner set out in clause 3.4 will there be a binding contract.

3.3. HIA may, at its sole discretion, reject all or part of Your Order, including without limitation orders in response to incorrect offers on the HIA website or HIA Shop made as a result of human, system or technology error (including errors in the image, description or price).

3.4. Following successful processing of Your Order HIA will accept your Order by sending you a notice by email, acknowledging receipt of the order and setting out details of the ordered Products. Upon Your receipt of this notice the contract for the purchase of the Products becomes a binding agreement.

3.5. If you place any Products in Your shopping cart and accept the Terms, but do not complete your Order (including if you close your internet browser window before completing the order process), You agree and consent, including for the purposes of the Spam Act 2003 (Cth), that we may send you 'commercial electronic messages' including emails and text messages notifying you of your uncompleted order.

4.1. All prices quoted are in Australian dollars. Prices are subject to change without notice.

4.2. Payment must be made in advance at the time of placing an Order.

4.3. Payment for Orders placed through this site may be made by credit card or by PayPal. 

4.4. HIA, may also, at its sole discretion provide that certain Products are payable by invoice. Payments upon invoice are due immediately and payable within 14 days. The rights of use to all ordered Products are only transferred to you once the agreed price has been paid in full.

4.5. If you are under 18 or are not using your own payment card to pay for any Order, you must ask the permission of the card holder before entering payment details. By placing an Order, you are confirming that you have obtained the express prior permission of the card holder.

4.6. For a taxable supply made by HIA to a Customer, the Customer must make the payment of GST at the same time and in the same manner as it provides for the price for the relevant supply. If GST is payable on a taxable supply made by HIA to a Customer, HIA may recover from the Customer the amount of GST in addition to any charge otherwise payable or provided for the supply.

5.1. For physical products, postage costs will generally depend on the products ordered and the delivery method selected, unless a flat rate is imposed at HIA’s discretion.

5.2. Orders are typically dispatched within 3 to 5 weekdays of purchase. Orders may be delayed due to unexpected demand or restocking issues.

5.3. Digital product deliveries are processed promptly upon receipt of full payment.

5.4. Digital Products are delivered via download and accessible in your myHIA dashboard.  As Delivery of digital Products is made using the World Wide Web, you must have internet access and appropriate IT equipment, software, plug-ins resources and facilities.

6.1. Once a Product has been purchased by you, no right of cancellation or refund exist because the Product has not met your expectations, you have changed your mind or you made a mistake in your Order. Any refunds shall be at our sole and absolute discretion. Therefore, please choose your products carefully, and check your Order details before making payment.

6.2. Because of their immediately consumable nature, once you access or download any of the Digital Product(s), the purchase becomes non-refundable.

6.3. HIA acknowledges you may have statutory consumer rights under the Australian Consumer Law in relation to Products. These statutory rights (including the right to repair, replacement or refund of the price in particular circumstances) are not affected by anything in these Terms.

7.1. All right, title, and interest (including all copyrights and other intellectual property rights) in the Products (in both print and digital form) belong to us or the applicable third-party supplier. You acquire no ownership of copyright or other intellectual property rights or proprietary interest in the Products.

7.2. Your purchase of one of our Products constitutes our granting to you of a limited, non-exclusive, non-sublicensable, non-transferable license to use that Product for the purpose of your own personal or limited commercial use.

7.3. Use must be in accordance with the licence conditions and the uses allowed by the Copyright Act 1968.

7.4. All downloadable files are intended for the sole use of HIA members only and approved customers. 

7.5.  Resale and/or distribution of any Product is strictly prohibited.

8.4. Whilst reasonable efforts are made to keep the Products up to date. Subject to clause 8.6 and to the maximum extent permitted by law, we:

(a)we take no responsibility whatsoever for the suitability of the Product;
(b)we provide no warranties as to the function or use of the product, whether express, implied, or statutory, including, without limitation, any warranties of merchantability or fitness for particular purpose;
(c)exclude all rights, remedies and liability to you or a third party for breach of contract, negligence or breach of any other law or because of a failure to supply products via HIA’s website due to interruptions to the platform for any reason; and
(d)will not be liable for lost profits, lost data, business interruption or other damages including consequential, special or indirect damages.

8.5. This disclaimer applies to HIA, our officers, directors, employees, agents, consultants, contractors (including subcontractors) representatives and any third-party Product providers and licensors.

8.6. If you are a “consumer” for the purposes of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), certain guarantees, rights and remedies may be conferred on you which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, our liability to you is limited at our option to:
(a)in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and 
(b)in the case of services, resupply of the services or payment of the cost of resupplying the services. 

9.1. In purchasing Products from the HIA Shop, you agree that the laws of the Australian Capital Territory govern the terms of that purchase, and you submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.

9.2. If any term or condition or part of a term or condition is illegal, unenforceable or invalid, that term or condition or part of the term or condition is to be treated as removed from this Agreement, but the rest of the terms and conditions in this Agreement are not affected.