Terms & Conditions

General Terms
For Students
For Members
For Advertisers
Disclaimers

General Terms

Access to this site is conditional upon your acceptance of and compliance with the terms, conditions, notices and disclaimers contained in this document (known as “Terms and Conditions”). Your use of, and/or access to, the site constitutes your agreement to the Terms and Conditions.
Strata Community (NSW) (SCA (NSW)) reserves the right to amend the Terms and Conditions at any time. We recommend that you review them from time to time.

For Students

Your enrolment in SCA (NSW)’s education and training courses are subject to the following conditions:

As a condition of entry into SCA (NSW)’s courses you are expected to:

  1. Respect the rights of others
  2. Be punctual for classes
  3. Notify us if you are unable to attend
  4. Participate in activities and discussions
  5. Encourage equal opportunity for all
  6. Observe non smoking restrictions
  7. Be aware of your own safety and that of others and;
  8. Refrain from interrupting others, including the use of mobile phones during class.

SCA (NSW) may choose to terminate your enrolment in a course if you:

  • Do not comply with OH&S and other safety procedures and policies outlined in this handbook
  • Fail to attend training sessions without reason
  • Have not accurately or honestly disclosed all information relevant to your enrolment in the course including relevant matters relating to health, work history, skills and experience
  • Have provided false and misleading information
  • Commit an offence under the law while engaging in training or assessment activities
  • Act in a manner which impacts on the health (mental and physical) of SCA (NSW) staff, other students or yourself
  • Do not comply with the confidentiality rights of others and;
  • Submit assessment tasks and projects which are not your own work.

Please note that the reissuing of a certificate will incur a $65 + GST administration fee.

Refund Policy

SCA (NSW) has a fair and reasonable refund policy for all students. Refunds will be granted under the following circumstances:

  • Students who have overpaid the course fee
  • Students who have enrolled in training that has been cancelled
  • The student advises SCA (NSW) in writing, no less than two weeks prior to class commencement, that they are withdrawing from training.
  • In SCA (NSW)’s opinion, the student would be unreasonably disadvantaged if not granted a refund; for example, a student meets with a serious misadventure and is physically unable to continue their enrolment. In this instance you should forward all details to management for consideration. In such a case the original fee payment may be used as a credit towards that course within 12 months of cessation of classes.

The following examples are indicative of inappropriate circumstances for granting a refund:

Appeal for a refund

Where a student who has sought a refund is of the belief that they are entitled to a partial or full refund, they may address an appeal in writing to the General Manager. The Training Coordinator will review the appeal for refund of fees and where necessary will seek the advice of the Vocational Education and Training and Assessment body in the state in which the training is delivered.

Cancellation Fees for students

All cancellations must be made in writing to Strata Community Australia (NSW) PO Box 347 North Sydney NSW, 2060 or email: enquiries.nsw@strata.community
The following cancellation fees apply to written notifications:

Written Notification Received at SCA (NSW)

Cancellation Fee

More than 10 (ten) working days before course commencement date Nil
Less than 10 (ten) working days before course commencement date 50% of Course Fee
Cancellation on commencement date or non-attendance at the course 100% of Course Fee

Transfer Policy

Students may transfer info a future course for a fee; the request must be made more than three working days prior to the course commencement. The fee is $100 + GST

If notice is received within 3 working days prior to the course commencement a transfer will be treated as a cancellation, thus a 50% cancellation fee will apply

Complaints and appeals

If you have a complaint or an appeal, you should always try to resolve the matter directly with the person/s involved. However, if you are unable to satisfactorily resolve your complaint or appeal through discussion then you should document your complaint or appeal in writing, to the course Coordinator. You do not have to lodge your complaint or appeal on an official form; you may simply state your case in writing to us, although forms are available if required.
Your complaint or appeal will be treated seriously, you will have an opportunity to present your case explaining your views, and if you wish, you can have the complaint or appeal heard by a mutually agreeable independent person or panel of people.
The outcome of the complaint or appeal will be forwarded to you in writing, complete with reasons for the outcome.

For Advertisers

To advertise in any SCA (NSW) publication, the company must be a corporate member of SCA (NSW).
Cancellation on advertising contracts will incur a charge. Any discounts received during contract will be payable to SCA (NSW).
All cancellations require written notification.

Written Notification Received at SCA (NSW) Cancellation Fee
More than 10 (ten) working days before the date of publication 10%
Less than 10 (ten) working days before the date of publication 100%

Proofing

The advertiser will not be sent a proof for sign off prior to publication. SCA (NSW) accepts no responsibility for artwork or text errors.

For Members

Member Access

Access to members’ only sections of this site is restricted to financial members of SCA (NSW) and others authorised by SCA (NSW). SCA (NSW) reserves the right to vary the services available to members via the site or suspend a member’s access if the member does not protect the confidentiality of their login and password or an unauthorised person uses the login or password.

Forums

The forums are provided for general communication and discussion between users of the website. SCA (NSW) does not moderate forums on this website, but may remove any material from the forums. Views or recommendations appearing in the forums do not necessarily reflect the views of SCA (NSW) and the inclusion of such views or recommendations in the forums does not indicate an endorsement of those views or recommendations by SCA (NSW).

Users of the forums must not post any material that:

(a) is defamatory, objectionable or harassing;
(b) contains any virus or similar program;
(c) breaches any law; or
(d) infringes third parties’ intellectual property or other rights.

Users of the forums agree that by using the forums, they may be exposed to objectionable material and that the download of any material from the forum is at their own risk.

Joining SCA (NSW)

SCA (NSW) reserves the right to vet all applications for membership to determine if they comply with the terms and conditions as specified in SCA (NSW)’s Constitution.
Applications received online will be checked for compliance with SCA (NSW)’s terms and conditions.
All persons or companies applying for membership of SCA (NSW) must provide SCA (NSW) with a written reference from a person who has had a working relationship with them for a minimum of 12 months. Failure to supply the reference will result in membership being cancelled.

Categories

Licensed Manager Membership

Must be a strata managing agent who is licensed under the provisions of the Property, Stock and Business Agents Act 2002.

Corporate Membership

Must be a licensed strata managing agency and its employee in charge of its principal place of business and any other of its places of business which an employee in charge is a member of the Licensed Manager Chapter of the Organisation; or
Is a corporation that supplies services other than those supplied by a licensed strata managing agent to group title properties and at least one employee of the corporation is a voting member of the Supplier Chapter of the Organisation.

Associate Chapter Membership

Must not be a licensed strata managing agent but is an employee of a licensed strata managing agent and performs the duties of a strata managing agent ; or has been in the continuous employment of a licensed strata managing agent for a minimum period of twelve (12) months; or is a person that provides services as a strata or community title managing agent outside the state of New South Wales and has attained a level of competence relevant to the practice of Group title property management sufficient to enable them to be licensed in New South Wales according to the provisions of the Property Stock & Business Agents Act 2002.

Supplier Membership

Must be a person who can demonstrate to the satisfaction of the Directors at least one (1) years involvement with the provision of services to Group title properties; or a person that is able to demonstrate to the satisfaction of the Directors that a substantial proportion of the business conducted by that person, or the corporation by which they are employed, involves the provision of services to Group title properties and that the provision of such services has been continuous for a period of three (3) years or more; and the evidence to be presented to the Directors for their consideration to include not less than two (2) written references from customers of the applicant or of their employer.

Associate of the Organisation Membership

Must be an employee of a corporation which has taken out a strata managing agent’s corporation licence or are the holder of other qualification determined by the Organisation in general meeting; or they have completed successfully the Trainee Strata Managing Agents course but are not practising whilst seeking employment or pursuing further associated study; or they have retired from practice as a licensed strata managing agent but continues to hold a licence; or they are a licensed strata managing agent whose place of business is located more than 200km from the Sydney Central Business District but are not a member of the Licensed Manager Chapter ; or they are a person who is not a member of the Associate Chapter but who provides services as a strata or community title managing agent outside the state of New South Wales and can demonstrate that they have attained a level of competence relevant to the practice of group title management

Payment of membership

All membership subscriptions will be paid in full up to January of the following year. For membership applications received during the year, payment will be made pro rata based on 4 time periods:
January to March: 100% of the total subscription fee
April to June: 75% of the total subscription fee
July to September: 50% of the total subscription fee
September to January: 25% of the total subscription fee

Refunds of membership subscriptions

SCA (NSW) does not issue refunds of membership subscriptions unless the following circumstances apply:
You are not eligible for membership in any category and SCA (NSW) cancels your membership application
Serious misadventure

Cancellation of Membership:

The Directors may expel a member if:

  • The member breaches SCA (NSW)’s code of ethics
  • the member has failed to pay to the Organisation monies due but unpaid for thirty (30) days;
  • the Organisation has served Demand Notice on the member specifying the amount owing and requiring payment of the monies owing within fourteen (14) days;
  • the member has failed to comply with the Demand Notice;
  • the Directors have served the member with Notice of Intention to Expel at least fourteen (14) days’ before the proposed expulsion; and
  • the member has failed to make payment of the monies owing to the Organisation within the fourteen (14) day period.

If SCA (NSW) cancels your membership in these circumstances, no refunds apply.

Use of the SCA (NSW) Agency Agreement

The corporate member agrees that the requested copyright copy of the Organisations’s Agency Agreement(s) on CD-ROM will be used by the corporate member only in the normal conduct of its business and while the Corporate Member remains a financial Member of Strata Community Australia (NSW).
The corporate member acknowledges that the Organisation looks to the Corporate Member to ensure that all managers that are employed by it and administer strata schemes that are a party to the Agreement(s), are also members of either the Licensed Manager Chapter or Associate Chapter of the Organisation. This is to ensure that all managers administer schemes that are a party to the Agreement(s) in a manner that accords with the Organisation’s Code of Ethics.
Should the corporate member resign membership of the Organisation, become un-financial or have membership cancelled, then the Corporate Member undertakes to return all SCA (NSW) copyright material (including the CD-ROM) to the Organisation and will thereafter cease use of the Agreement(s) to offer the Agency Agreement to schemes until such time as the Corporate Members membership of SCA (NSW) is re-instated. Where an Agreement is in force at the time membership ceased, it will only remain valid until the expiry date of the then current term and will not be valid with for any rollover period.
With effect from 1st April 2008 the Corporate Member is no longer permitted to enter into a new agency agreement using previous versions of the SCA (NSW) Agency Agreement(s) and may only do so using the Agreement(s) version the subject of this license.
The Corporate Member acknowledges that it may not reverse engineer, decompile, disassemble, modify or create works derivative of the Agency Agreement(s), nor alter or modify any disabling mechanism which may be resident in the Agency Agreement(s). It also acknowledges that it may not sub-licence, rent, lease, commercialise or indirectly permit any third party to use or copy the Agency Agreement(s).
Use of the Agency Agreement(s) is conditional upon the Corporate Member having a current Professional Indemnity policy with cover of at least one million dollars ($1,000,000). The Corporate Members right to use the Agency Agreement(s) shall cease should the Corporate Member cease to hold such a policy.

Disclaimers

The information contained on this website is of a general nature and is not intended as professional or legal advice to users. The website provides information about the Organisation of Strata Title Management Ltd and its products and services together with general information about strata and community management practice in NSW. SCA (NSW) is not liable to users or others relying on the information on this website for any injury, loss or damage arising from the use or reliance on the information.

SCA (NSW) may amend these terms without notice and you should regularly check these terms so that you are aware of any amendments. Use of this website after any amendments constitutes your acceptance of the terms as amended.

The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by SCA (NSW) of goods or services on the Site which cannot be excluded, restricted or modified (“Non-excludable Rights”). SCA (NSW) does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-Excludable Rights:

a) all Content is provided “as is” and without warranties of any kind, either express or implied,
b) SCA (NSW) and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,
c) SCA (NSW) does not warrant that the functions contained in any Content or any Communications Facility or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits Content to you are free of viruses or any other harmful components,
d) SCA (NSW) does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked website) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
e) you (and not SCA (NSW)) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Privacy

SCA (NSW) collects, uses and discloses your personal information in accordance with the Privacy Act 1988 and the SCA (NSW) Privacy Policy. Use of the site is tracked to assist SCA (NSW) to develop its services and improve the content and navigation of the website.

Limitations

This site and its content is provided “as is” and without any express or implied warranties of any kind. SCA (NSW) uses reasonable efforts to ensure the accuracy of the material on this site. SCA (NSW) does not review the accuracy from other sources linked to or on the site.
SCA (NSW) is not liable for the use of material on this site.

Intellectual Property

This site contains copyright material and trade marks owned or licensed by SCA (NSW) or provided by third parties. All rights are reserved. The material on this site may be used for personal use only and must not be otherwise used without the prior written consent of SCA (NSW).

Links to third party websites

The Site contains hyperlinks and other pointers to Internet web sites operated by third parties. These linked web sites are not under the control of SCA (NSW), and SCA (NSW) is not responsible for the contents of any linked web site or any hyperlink contained in a linked web site. Third party material on this website is not maintained or verified by SCA (NSW) and you should independently check its accuracy, currency, completeness and relevance prior to using it. Views or recommendations in third party material do not necessarily reflect the views of SCA (NSW) and the inclusion of such views or recommendations on this website does not indicate an endorsement of those views or recommendations by SCA (NSW).

Governing law

These terms are governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales.