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Terms & Conditions
This document sets out the terms and conditions on which Finance Brokers Association of Australasia Limited. ABN 22 094 784 040 (FBAA) make available the site https://www.fbaa.com.au/ (Site).
In these Terms and Conditions "you" refers to a user of the Site and any related services.
We may amend these Terms and Conditions at any time by posting the amended terms on the Site. These Terms and Conditions may not be otherwise amended.
Access to this Site is conditional on your acceptance, without alteration, of these Terms and Conditions.
The material on this web site is only to provide you with general information. It does not constitute legal or other advice and your use of the material on this web site does not give rise to any obligation on behalf of the Finance Brokers Association of Australasia Limited. (FBAA) or any author of any material on the web site.
The information, materials and resources contained within this Site are provided for general informational purposes only and within the context of providing our services. We provide no guarantee or warranty as to the suitability or accuracy of any information contained in this Site. Furthermore, the information provided on this Site does not constitute legal advice.
References and links to other websites, businesses or persons are provided solely for informational purposes. We accept no responsibility for any content appearing on other websites and makes no warranty of the suitability or accuracy of information on those sites. The fact that a link to such a webpage may be included on the Site does not mean that FBAA, in any way, endorses, promotes or are associated or affiliated with that site or any of that site’s content.
We have and retain copyright in all works contained in this Site. We licence you to reproduce those works only if:
- the reproduction is for private or non-commercial purposes; and
- you ensure that the works are clearly attributed to FBAA.
Limitation of Liability
We do not guarantee continuous, uninterrupted, or secure access to the Site and operation of the Site may be interfered with by numerous factors outside of our control.
Except as provided by law, we provide the Site ‘as is’ and without any warranty or condition, express or implied. To the maximum extent permitted by law, we specifically disclaim the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We will not be liable for any lost profits or any special, incidental, or consequential damages (however arising, including negligence) arising out of or in connection with this.
Memberships Terms and Conditions
In order to obtain/hold membership with the FBAA, either originating or renewing membership (both being individually defined as an “Application”), you agree and understand the following documents are to be provided by yourself for FBAA membership:
- Certificate IV in Finance and Mortgage Broking (FNS40815) or equivalent to current Finance Industry standard.
- FBAA Compliance Fundamentals Training
- FBAA Compliance Fundamentals Booster Training*
- Financial Abuse Awareness Education Banking Code of Practice
- National Police Check
- Credit Report including Bankruptcy Report
- Current Professional Working Resume
- Two forms of identification with one being Australian Government
- External Dispute Resolution - AFCA Certificate
- Current Professional Indemnity Insurance
- Australian Credit License (ACL) *
- Authorised Credit Representative Number (CRN)*
- Letter of Employment*
- Confirmation of Mentoring Letter completed by the Mentor & Mentee*
- Mentor Current Membership Certificate*
- Mentor Current professional resume*
- Completion of Mentoring Letter*
- Change of Mentor form*
- 4 x Professional References
- ASIC Company Extract*
- AML/CTF Refresher
- 25 Hours Continuing Professional Development Hours*
*These documents are dependent on the Membership Category, and will need to be provided where applicable.
In the event that you provide false, erroneous or misleading information, the directors of the FBAA may resolve that you are not suitable for membership because providing false, erroneous or misleading information is contrary to this purpose. In this event, the FBAA may cancel your membership and will contact external parties to notify them that your membership has been cancelled.
By submitting this originating or renewing membership application payment (both being individually defined as an “Application”), you agree and understand each of the following:
The contents of this Application (including all uploaded documents) are true and correct.
You will provide any further requested documents that have not already been uploaded or information within the required period specified.
The FBAA may contact external parties (such as police services, ASIC, aggregators, lenders, other brokers, insurers or business development managers) to corroborate the contents of this Application.
The cost of the Application consists of a membership fee and an administration fee. If the Application is declined, only the membership fee will be refunded.
This Application includes information regarding other individuals (such as my referees and any referrers). The FBAA will collect this information in order to contact them for the purpose of considering your Application. You have obtained the consent (and can provide such consent to the FBAA on request) of each of the individuals identified in this Application and understand that the FBAA is processing my application on the basis that you have these consents.
Any membership provided is subject to your providing any further documents required and the outcome of FBAA auditing of my application (which may include requests for further information). The FBAA is established for purposes including supporting, protecting and advancing the character, status and interests of the Finance Broking profession. In the event that you provide false, erroneous or misleading information, the directors of the FBAA may resolve that you are not suitable for membership because providing false, erroneous or misleading information is contrary to this purpose. In this event, the FBAA may cancel your membership and will contact external parties to notify them that your membership has been cancelled.
- Administration Fee (once off upon initial application and non-refundable) $115.00*
- Reactivation Fee (for reinstating a lapsed membership) $115.00
- Member Initiated Amendment Fee $115.00*
- FBAA Compliance Fundamentals Training $198.00 (Request coupon code)
- AML/CTF Refresher Course (required every two years) $49.50 (Request coupon code)
- All fees are GST inclusive.
* The Administration Fee is non-refundable and is for processing your application, irrespective of the outcome. If your application for membership is declined, the membership fee (not the administration fee) will be fully refunded. A Member Initiated Fee will apply if the changes in an existing membership status results in a member refund. In all other cases, membership, and other fees, are not refundable once paid.
Member Ceasing to be a Member
In line with the FBAA Constitution items 11, 11.1 & 11.2 no refunds or part refunds will be given on membership subscriptions.
11. Ceasing to be a Member
11.1 A person will cease to be a Member of the Company if:
(a) that person resigns in accordance with clause 12; or
(b) that person is expelled under clause 13; or
(c) membership is forfeited under clause 10.3(b); or
(d) where the Member is an individual, the Member:
(ii) becomes of unsound mind or the Member's person or estate is liable to be dealt with in any way under the laws relating to mental health; or
(iii) is convicted of an indictable offence;
(e) where the Member is not an individual, if:
(i) a liquidator is appointed in connection with the winding-up of the Member; or
(ii) an order is made by a Court for the winding-up or deregistration of the Member.
11.2 Any Member ceasing to be a Member:
(a) will not be entitled to any refund (or part refund) of a subscription; and
(b) will remain liable for and will pay to the Company all subscriptions and moneys which were due at the date of ceasing to be a Member.
Credit Card Authorisation For Auto Payment (Annual) Of Membership Fees
By opting in for auto payment (annual) membership fees, you agree and understand the following:
The security of your information is our priority. Where you provide your payment information via this website or any payment gateway made available via this website, you will be providing your payment information to Stripe, a global company that the FBAA has been advised complies with the Payment Card Industry data security standards. Upon providing your payment information, Stripe will store your payment information (including details of your credit or debit card), assign it a random string of number or a “token” and provide that token to the FBAA, which the FBAA will use to arrange for payments to be made to the FBAA on your nominated card. The FBAA does not separately collect and hold all your payment information as part of this process.
By ticking the 'enable auto payment' box, you agree to allow Stripe to collect, either directly or through the FBAA, your payment information and provide a “token” to the FBAA and, you agree to allow the FBAA to hold and use your tokenised card details with Stripe for the purposes of arranging payments to the FBAA in respect of your membership fees. Your renewal fee will be automatically deducted from your nominated card 14 days before your annual renewal date each year. You will receive confirmation once the payment has been processed. This authorisation will remain in effect until cancelled. You may elect to remove your automatic payment at any time by contacting our office on 07 3847 8119.
Payments by Shift Financial Pty Ltd trading as Shift
By opting to use Shift Trade as your payment method, in addition to the terms and conditions of ‘payments’ to the FBAA, you agree and understand the following:
Shift is offered by the FBAA as a payment method, noting the FBAA does not receive any commissions or fees in conjunction with this service.
Shift Trade do not run credit checks on the broker if they apply through the FBAA link or vial FBAA referral registrations.
Terms and Conditions for the use of Shift are in accordance with Shift’s T&Cs as set out here https://www.shift.com.au/terms-and-conditions/.
Event Terms and Conditions
Please ensure you've read through our terms and conditions prior to finalising your registration.
- RegistrationThese terms and conditions apply to any meeting, function, retreat, symposium, conference, academy, forum or award ceremony (Event) that you register to attend, whether personally or on behalf of another entity (each an Attendee or you)
- By clicking “Agree” or otherwise registering to attend an Event, you agree to the terms and conditions set out in this document for that Event.
- Payment and ConfirmationPayment is required at the time you register to attend the Event.
- Confirmation of your registration and a tax invoice will be emailed to you at your nominated email address following completion of your registration and acceptance of these terms.
- CancellationSubject to paragraphs 3.2 and 3.3, you may cancel your registration to attend an Event by contacting the Finance Brokers Association of Australasia Ltd (FBAA).
- Where you contact the FBAA to cancel your attendance at an Event at least 30 days prior to the commencement of the Event, then the FBAA agrees to provide you a complete refund, less a cancellation fee of $20 being the FBAA’s costs incurred in relation to your registration and any cancellation.
- Where you contact the FBAA to cancel your attendance at an Event less than 30 days prior to the commencement of the Event, then the FBAA may provide you with a refund in its absolute discretion. The FBAA’s rights to withhold any monies from any registration fees paid will apply to the extent the law allows.
- It is the Attendee’s responsibility to cancel any bookings made by them associated with the Event such as flights and accommodation.
- Communication, information sharing and privacyYou agree that the FBAA may communicate with you with respect to your registration or attendance at the Event by email or by phone. You agree that the FBAA may provide notices to you regarding the Event by posting the notice on its website (https://www.fbaa.com.au/).
- Where you provide any personal information of another individual, you warrant and represent to the FBAA that you have obtained that individual’s consent to disclose that personal information to the FBAA. The FBAA relies upon this warranty for the purpose of registering that individual for the Event.
- The FBAA will record presentations at the Event. By registering for an Event, you acknowledge and agree that:
- you authorise the FBAA to record any presentations (which can be but not always limited to any questions or comments by any or all participants and/or audience members) in audio and/or visual format; and
- the FBAA is the owner of the copyright and any other intellectual property rights in that recording, and you waive any moral rights that you may have in such recordings.
- Attendee’s ObligationsYou must disclose to FBAA on registration if you have any pre-existing physical or mental medical conditions that will put you or others at a higher risk during the Event.
- You must comply with all laws for the duration of the Event.
- You must comply with the event code of conduct which is set out in the schedule to these conditions (or is otherwise available on request).
- You must provide all information and assistance that FBAA reasonably requires to allow the FBAA to provide and conduct the Event, and for the Attendee to participate in the Event
- The FBAA reserves the right, in its absolute discretion to expel any Attendee from an Event if that Attendee does not comply with these terms and conditions or, acts in any manner which the FBAA considers places the Event, its reputation or any third party at risk of harm or injury.
- InsuranceThee FBAA recommends all Attendees purchase comprehensive travel insurance, including for domestic travel.
- You acknowledge that your personal property are at all times, the sole responsibility of the Attendee and release the FBAA from any liability associated with the loss or damage to any personal property.
- Limitation of LiabilityTo the extent permitted by law, the FBAA’s liability for any breach or non-performance of its obligations, shall be limited to a sum equal to that paid by the Attendee to FBAA to attend the Event.
- Force MajeureIf due to an event beyond the reasonable control of the FBAA including: an act of nature; war or terrorism; national emergency; epidemic; act or inaction of government or regulatory agency; industrial action outside that party’s own workforce, the FBAA is delayed or unable to perform its obligations, it may, by notice suspend its obligations for a period of 60 days.
- If, after the period of 60 days, the FBAA remains unable to perform its obligations in a reasonable manner, the FBAA may, by notice, cancel the Event and refund the amounts paid by you less the FBAA’s reasonable costs incurred up to the time of the cancellation.
- DisputesThe parties must use their best endeavours to resolve all disputes first and failing that, then dispute resolution will be conducted between the relevant franchisor and franchisee associated with the Attendee, before commencing any court proceedings.
- GeneralThe Attendee must not assign any of its rights without FBAA’s prior written consent. The FBAA may assign its rights and benefits at any time by notice to you.
- These terms and conditions will be governed by and construed in accordance with the laws of Queensland, Australia, and you agree to submit to the non-exclusive jurisdiction of the courts of that State.
- The FBAA may vary these and conditions by notice on the condition that the Attendee may, within 7 days of notice being given, cancel their registration and receive a full refund, less a cancellation fee of $20 being the FBAA’s costs incurred in relation to your registration.
- These terms and conditions and the FBAA Events Code of Conduct constitute the entire agreement between the parties in relation to its subject matter.
- If any part of these terms and conditions are invalid or unenforceable, that part will (if possible) be read down to the extent necessary to avoid the invalidity or unenforceability, or alternatively will be deemed deleted and this Contract will remain otherwise in full force.
Schedule – Event Code of Conduct
This Code of Conduct (Code) prescribes the standards of behaviour required of the attendees at any Event of the FBAA.
- Standard of professional behaviourAll Attendees must behave professionally at all times in connection with the Event. The standards of professional behaviour to be observed include (without limitation):
- Show respect towards others at all times, including being considerate, cooperative and collaborative;
- Present and behave in an appropriate professional manner including as to dress code, communications and actions;
- Take all reasonable steps to ensure own safety, including in relation to the responsible consumption of alcohol;
- Follow the reasonable rules, policies, directions and other practices required by Tourism Australia or any venue hosting the Event; and
- Alert security personnel or FBAA , Venue Staff and/or The FBAA Event Management Team if a potentially unsafe situation is observed or suspected.
- All Attendees must refrain from any of the following behaviours (each being a Prohibited Behaviour) and includes without limitation:
- Harassment, whether direct or indirect words or actions directed at a person that annoys, alarms or causes substantial emotional distress;
- Discrimination whether direct or indirect words or actions which reasonably appear to treat someone unfairly because of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin;
- Sexual harassment whether direct or indirect words or actions directed at a person which is unwelcome or uninvited that is offensive from the view of the person harassed, regardless of intent and includes, unwelcome sexual advances, unwelcome request for sexual favours, any other unwelcome conduct of a sexual nature;
- Physical abuse or assault;
- Intimidation, threats (implied or real) of any form whatsoever, as well as verbal abuse including any unwelcome or discriminatory comments in relation to an individual;
- Defamatory comments of any nature;
- Displaying, sharing, sending or discussing inappropriate material e.g. offensive words, images or media in any form whatsoever, suggestive comments or jokes of a sexual nature;
- Disruptive or anti-social behaviour;
- Consumption or possession of illicit substances;
- Inability or unwillingness to conduct oneself professionally, including as a result of drunken behaviour;
- Any unlawful behaviour of whatsoever nature;
- Any damage to property of whatsoever nature.
- Should any Prohibited Behaviour be observed, anticipated, suspected or reported, the FBAA may take any reasonable measure that it deems necessary to ensure the safety of others, and/or the maintenance of a professional environment. Such action may include refusal of entry to, or removal of one or more individuals from the Event, and any future activities undertaken by FBAA, at its sole discretion.
- Any prohibited, unwelcome or unprofessional behaviour that is witnessed or suspected, should be reported immediately to a FBAA representative immediately.
- COVID-19 - Terms of Event Participation In registering for a FBAA in-person event, the delegate also agrees to the following:
- Mandatory attendance tracking;
- Adherence to the relevant government health and work safety advice in the location of where the event is held;
- Adherence to social distancing and hygiene protocol;
- Abstaining from an event if closer to the event date the delegate develops or displays any symptoms that are similar to COVID-19 symptoms (fever, cough, sore throat and runny nose);
- A delegate should not attend the event if displaying symptoms of COVID-19 or if the delegate has visited a COVID-19 hotspot prior to the event taking place.
- Upon review of your ability to meet the criteria outlined above, FBAA reserves the right to cancel a delegate’s participation at an event in order to ensure that high levels of safety are maintained for all event participants.