CPA Australia Mobile App Terms of Use

1. Terms of use for the CPA Australia Mobile App

a) These terms of use (“Terms”) will govern the relationship between you (“you”) and CPA Australia Ltd (ACN 64 008 392 452) (“CPA Australia”, “we”, “us” or “our”) regarding your installation and use of the CPA Australia mobile application (“App”), owned or controlled by CPA Australia and its related services. Please read these Terms carefully before you download or use the App.

b) To use the App, you agree that you are 18 or older unless you are located in the United Arab Emirates in which case you must be 21 or older. Notwithstanding anything in this clause (b), if applicable law requires that you must be older in order to lawfully agree to these Terms, then you agree you are that minimum age. 

c) By downloading, installing, copying, accessing and using the App you acknowledge that you have read, understand and agree to accept and be bound by these Terms. If you do not agree to these Terms, please do not use the App. 

d) CPA Australia may from time to time amend, modify, change or remove these Terms or specify that specific services, contests or loyalty programs are subject to additional terms or policies. CPA Australia will notify you of the updated or additional Terms either through the App or via email and by continuing to use the App, you confirm that you agree to the updated or additional Terms. 

e) You acknowledge that the App and information in or connected with, the App applies only to the App and should not be relied upon as investment, financial or legal advice or a recommendation of any services or products. You should consider obtaining independent advice before making any investment, financial or legal decision.

2. Privacy statement

CPA Australia will collect and process your personal information in accordance with the CPA Australia Mobile App Privacy Policy and relevant parts of the CPA Australia Privacy Policy for the purposes set out in those policies. 

3. Access 

a) Subject to these Terms, we hereby grant to you the nonexclusive, non-transferable, limited right and license to use one copy of the App for your personal non-commercial use on a single computer or technology unit (including but not limited to tablets and smart phones) (“Technology Unit”), unless otherwise specified in the App documentation. The term of your license under these Terms will commence on the date that you install or otherwise use the App and ends on the earlier date of either your disposal of the App or CPA Australia’s termination of these Terms. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the App. The App is being licensed to you and you hereby acknowledge that no title or ownership in the App is being transferred or assigned and these Terms should not be construed as a sale of any rights in the App. All rights not specifically granted under these Terms are reserved by CPA Australia and, as applicable, its licensors.

b) We may, from time to time, update or modify the features or functionality of the App to reflect developments in technology or to alter or add to existing functionality. Any available updates, enhancements and new versions of the App will become automatically available when you next access and update the App. 

c) You are responsible for making all arrangements necessary to access the App including ensuring you maintain an adequate internet connection. If you do not maintain such a connection, the App may not operate properly.

d) You agree not to: (i) commercially exploit the App; (ii) distribute, lease, license, sell, rent or otherwise transfer or assign the App, or any copies of the App, without the express prior written consent of us or as set forth in these Terms; (iii) make a copy of the App or any part thereof (other than as set forth herein); (iv) make a copy of the App available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the App or these Terms, use or install the App (or permit others to do same) on a network, for on-line use, or on more than one computer or Technology Unit at the same time; (vi) reverse engineer, decompile, disassemble, prepare derivative works based on or otherwise modify the App, in whole or in part; or (vii) remove or modify any proprietary notices, marks or labels contained on or within the App.

e) You may be required to provide a username, password or other Personal Information to gain access to the access account for an App or Website (“Access Account”). You are solely responsible for all acts and omissions that occur under your Access Account. Do not share your Access Account details with any other person. Unauthorised use of your Access Account is a breach of these Terms and will result (if applicable) in your removal from the App. CPA Australia accepts no responsibility for any transactions resulting from unauthorised access to your Access Account. CPA Australia accepts no liability for any loss, injury or damage resulting from the unauthorised use of your Access Account. You agree to notify us immediately if any unauthorised use of your Access Account is detected or any other breach of security occurs.

f) CPA Australia may refuse access, deny or remove access to the App, remove any User Content or do anything else CPA Australia may deem necessary, if in our sole discretion a person is found to be: (i) tampering with access to or the operation of the App and/or a Website; (ii) engaging in practices which subvert or are intended to subvert these Terms; (iii) in breach of these Terms; (iv) acting in an unsocial or disruptive manner, or with intent to annoy, abuse, disparage, threaten or harass any other person; (v) engaging in any conduct which is deemed to be contrary to our brand or the Standards of Behaviour.

4. Standards of Behaviour 

To protect the needs and interests of all person(s) who use the App, we have set the standards of behaviour outlined below (“Standards of Behaviour”). Please review these Standards of Behaviour. They will help you understand what type of behaviour is acceptable, and what type of content may be reported and removed at CPA Australia’s discretion. Any obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening or harassing language of any kind will not be tolerated. Impersonating other people is not allowed. CPA Australia may at its discretion terminate your use of the App for any reason without notice or a court order.

If you see something on a Website or App that you believe is a breach of these Terms, you should report it to CPA Australia.

a)  Violence/threats/harassment

The safety of our members and each person is our number one priority. We may at our discretion, remove any content and may escalate to law enforcement if we believe there is a genuine risk of physical harm to a person. You must not use the App (including to host, display, upload, modify, publish, transmit, store, update or share any information) for the purpose of harming or attempting to harm individuals in any way including by threating other persons or organizing acts of violence or in a manner that is harmful to a child. We also prohibit promoting, planning or celebrating any of your actions if they have, or could, result in any form of harm to others, including theft, vandalism or financial harm. CPA Australia will not tolerate bullying or harassment. All reports of abusive behaviour directed at users will be taken seriously and may result in a person(s) removal or suspension from the App.

b) Hate speech

CPA Australia does not tolerate or accept any form of content that attacks an individual or group based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition. All reports of hate speech directed at a person will be taken seriously and may result in a person’s removal or suspension from the App.

c) Graphic content (nudity and pornography)

Sharing on the App any graphic, nude or pornographic content is strictly prohibited. All reports of sharing graphic content or nude or pornographic content yourself or directed at another user will be taken seriously and may result in a person’s removal or suspension from the App.

d) Identity and privacy

You must not publish the Personal Information of another person without their consent. All reports of the misuse of a person’s identity or private and Personal Information directed at another person will be taken seriously and may result in a user’s removal or suspension from the App.

e) Unlawful or fraudulent use 

You must not use the App in any way that breaches any applicable law or regulation or in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect. This includes, for example, by hacking into or introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful into the App.

f) Spam or abuse of App forums 

You must not use the App to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (including “spam”). You must not abuse the community purpose of the App forums and ensure all posting is limited to the relevant subject matter of the forum.

g) Compliance with laws 

You must not use the App in contravention of any applicable laws or regulations that apply to you from time to time. 

5. Advertising 

a) You acknowledge and agree that CPA Australia may publish or promote on the App, a social media or networking site, or any other form of media the details of discussions or content posted on the App.

b) In accordance with the CPA Australia Mobile App Privacy Policy, we may, through the App:

i) advertise, certain CPA Australia services, offers and promotions available to you. The terms that apply to such offers will be notified to you; and

ii) include advertising by third parties, where the App contains third party advertising that links to websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them, their content, or for any loss or damage that may arise from your use or consideration of them.

6. Intellectual property 

a) You hereby grant CPA Australia an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any content you: (i) post on or in connection with the App or the promotion thereof (“User Content”); or (ii) enable another user to post; and in addition to the above, to use your name, likeness or image for any purpose without restriction, including without limitation, commercial and/or advertising of or in connection with the App or the promotion thereof. You also grant to CPA Australia the right to authorize others to exercise any of the rights granted to CPA Australia under these Terms. 

b)  Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner.

c) Unless otherwise indicated, all rights, title and interest in (i) the App (including without limitation any, games, titles, computer code, themes, objects, characters, character names, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-App chat transcripts, character profile information, recordings, Access Account and server software); (ii) any improvements, enhancements or modifications to the App; and (iii) all data, content and other Intellectual Property Rights derived from or created by the App (other than your User Content) are owned by CPA Australia. CPA Australia reserves all rights, including without limitation, all Intellectual Property rights or other proprietary rights, in connection with an App.

d) Trademarks including but not limited to the words ‘CPA’, ‘CPA Australia’, ‘The Naked CEO’, ‘Boardroom Tycoon’, ‘CPA Passport’ and ‘CPA Congress’, unless otherwise indicated, are owned by CPA Australia in Australia and may be the subject of rights in other countries.

e) The App may contain trademarks or logos of other parties and are proprietary to those partie(s) who retain registered or unregistered rights in those trademarks and logos in Australia and may be the subject of rights in other countries. CPA Australia makes no proprietary claim to trademarks or logos of any third party.

f) In these Terms, “Intellectual Property Rights” includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future, including rights of any kind in registered or registrable patents; literary, dramatic, musical and artistic works, cinematograph films, television broadcasts and sound broadcasts, published editions of works and any other subject matter in which copyright (including future copyright and rights in the nature of or analogous to copyright) may, or may upon creation of the subject matter, subsist anywhere in the world; registered and unregistered trade marks and service marks, including goodwill in the business concerned in the relevant goods and/or services; trade, business or company names; internet domain names; and proprietary rights under the Circuit Layouts Act 1989 (Cth) (or its equivalent in the applicable jurisdictions); whether created or in existence before or after the date of these Terms, whether arising by operation of law, treaty, contract, license, or otherwise and includes anything, whether tangible or intangible, which incorporates, embodies or is based on any of the things referred to in this definition.

7. User Content  

a) It is your responsibility to ensure you have appropriate backup measures in place because we are not responsible for loss, delay, interception or corruption in relation to the User Content.

b) You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your User Content.

c) You represent and warrant that: (i) you own the User Content or have the necessary licences, rights, consents and permissions to allow us to use the User Content in accordance with these Terms; (ii) you have the right and power to grant us the licence contained in clause 6; and (iii) the User Content provided by you does not infringe the Intellectual Property Rights of any third party.

d) You indemnify us against all loss or damage incurred by us as a result of any third party claim that the User Content infringes the Intellectual Property Rights of any third party. 

e) We respect other people’s copyright and expect you to do the same. If you use content created by others without their permission, you may be infringing their copyright.

f)  We will remove User Content when properly notified or reasonably believe that your User Content violates another party’s Intellectual Property Rights. If we remove your User Content for infringing someone else’s Intellectual Property Rights, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

g) CPA Australia isn’t able to mediate rights ownership disputes. When we receive a takedown notice, we will remove the content as the law requires. When we receive a valid counter notification we will forward it to the person who requested the removal. After this, it’s up to the parties involved to resolve the issue in court or by other means.

h)  If you believe your copyright-protected work was posted on the App without authorisation, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.

k)  Do not make false claims. Misuse of this process may result in the suspension of your Access Account or other legal consequences. Submit a copyright infringement claim.

8. Payments 

Where you make a payment through the App (other than via an in-app payment), the ‘Payment’ terms (clauses 19 to 23 inclusive) of our general website terms will apply. 

9. Technical protections

The App may include measures to control access to the App, control access to certain features or content, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. If the App permits access to special features, only one copy of the App may access those features at one time. Additional terms and registration may be required to access online services and to download App updates and patches. Only the software part of the App which is subject to a valid license can be used to access online services, including downloading updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the App will not function properly.

10. Termination 

a) Either we or you may terminate these Terms immediately at any time, with or without notice or a court order, if the other has materially breached these Terms. You may terminate these Terms, at any time, by deleting the App from all Technology Units you have installed it on.

b) If these Terms are terminated for any reason you will delete the App from all Technology Units and we have the right to block your access to the App.

c) A failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use the App, and may result in our taking all or any of the following actions: (i) immediate, temporary or permanent withdrawal of your right to use the App; (ii) immediate, temporary or permanent removal of any posting or material uploaded by you to the App; (iii) issue of a warning to you; (iv) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and (v) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

11. Apple App Store additional license terms

This clause 11 only applies if you access the App through the Apple Inc. (“Apple”) App Store ("App Store”). 

You acknowledge and agree that: 

(a) these Terms are solely between you and us, and not with Apple; 

(b) the licence granted to you under clause 3 to use the App is non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via ‘Family Sharing’ or volume purchasing; 

(c) CPA Australia, and not Apple, is responsible for: 

(i) furnishing any maintenance or support services to you in connection with the App; or 

(ii) any express or implied warranties to the extent not effectively disclaimed. In the event of any failure of the App to conform with any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be CPA Australia’s sole responsibility. 

(d) CPA Australia, and not Apple, is responsible for any claim in connection with the App related to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirements; and (iii) claims arising under consumer protection or similar legislation.

(e) CPA Australia, and not Apple, is responsible for: the investigation, defense, settlement and discharge of any such intellectual property infringement claim made by a third party that App or your possession and use of the App infringes that third party’s intellectual property rights.

(f) You must comply with the App Store Terms of Service, including the Usage Rules. The license to the App is a non-transferable license to use the App only on an iPhone, iPad or iPod touch that you own or control. 

(g) You must comply with applicable third party terms of agreement when using the App.

(h) You represent and warrant that you (i) are not located in any region that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

(i) Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms and may enforce these Terms against you. All other terms and conditions of these Terms apply to your use of the App.

12. Android Market additional license Terms 

This clause 12 only applies if you access the App through the Google Play Store.

You acknowledge and agree that: 

(a) These Terms are solely between you and us, and not with Google, Inc (“Google”). 

(b) Your use of the App must comply with Google’s then-current Google Play Store Terms of Service.

(c) Google is only a provider of the Google Play Store where you obtained the App.

(d) CPA Australia, and not Google, is solely responsible for the App;

(e) Google has no obligation or liability to you with respect to the App or these Terms; and

(f) Google is a third-party beneficiary to these Terms as it relates to the App.

13. Public disclosure 

The App may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. We cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the App. CPA Australia has no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

14. Disclaimer of warranties 

Without limiting CPA Australia’s liability described below, the App is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. We do not warrant that you will be able to access or use the App at the times or locations of your choosing; that the App will be uninterrupted or error-free; that defects will be corrected; or that the App is free of viruses or other harmful components.

We do not warrant the performance in any manner whatsoever of the App on your specific computer or Technology Unit. We do not warrant against interference with your enjoyment of the App; that the App will meet your requirements; that operation of the App will be uninterrupted or error-free, or that the App will be compatible with third party software or hardware or that any errors in the App will be corrected. No oral or written advice provided by us or any authorized representative will create a warranty. As some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you.

If for any reason you find a defect in the App within 14 days of downloading, we agree to log a ticket in the App’s online help desk, and/or investigate the issue as relevant.

To the fullest extent permitted by the applicable law, any implied warranties prescribed by statute are expressly limited to the 14-day period described above.

Except as set forth above, the above steps are in lieu of all other warranties, whether oral or written, express or implied, including any other warranty of merchantability, fitness for a particular purpose or non-infringement, and no other representations or warranties of any kind will be binding on us.

15. Liability 

a) User interactions

You are solely responsible for your interactions with other users of the App and any other parties with whom you interact through the App. Any interaction with another user of the App must be in compliance with applicable laws and the Standards of Behaviour and these Terms. CPA Australia reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with CPA Australia to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of your Access Account.

If you have a dispute with any user, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

b) Our liability 

(i) Under consumer protection laws, certain statutory guarantees and warranties may apply to the goods or services supplied to you as a consumer.  Nothing in these Terms excludes or restricts any applicable consumer protection laws, including the Australian Consumer Law and New Zealand Consumer Law, and these Terms will be read down to the extent necessary to comply with any applicable laws including consumer protection laws.

(ii) To the fullest extent permitted by law, our liability for a breach of a non-excludable condition or warranty is limited at our option (where permitted under relevant consumer protection laws) to:

(1) in the case of goods, any one or more of the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods or the payment of the cost of having the goods repaired; or

(2) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.

Subject to clause 15(b)(i) and to the fullest extent permitted by applicable law, neither party will be liable to the other party, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss, loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, loss of reputation, and loss of use or corruption of software, data or information arising under, or in connection with your use of the App. 

Subject to clause 15(b)(i) and to the extent permitted by applicable law, except for claims relating to fraud, wilful misconduct, gross negligence or any breach of clause 3, 4 or 7, neither party will have any liability to the other in respect of any claims arising out of or in connection with the App provided under these Terms, whether in contract or tort (including negligence). 

16. Dispute resolution and law 

If you have a question, complaint or claim with respect to the App, we encourage you to first contact us directly to seek a resolution from our customer support.

Any dispute that arises out of or related to these Terms will resolved exclusively by a court located in Victoria, Australia.

17. General provisions 

a) Survival

The following sections will survive any termination of your use of the App: Intellectual Property, Disclaimer of Warranties, Liability, Dispute Resolution, this Survival clause and such other clauses as are necessary to give effect to these Terms.

b) Severability

You and CPA Australia agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

c) Assignment

CPA Australia may assign or delegate its rights and/or obligations under these Terms in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without CPA Australia’s prior written consent, and any unauthorised assignment and delegation by you is ineffective.

d) Entire agreement

These Terms, including the Privacy Policy and Supplemental Policies and any documents expressly incorporated by reference herein, contains the entire understanding of you and CPA Australia, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the App.

e) No waiver

The express waiver by CPA Australia of any provision, condition, or requirement of these Terms will not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Unless, as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by CPA Australia shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of CPA Australia.

f) Notices

CPA Australia may notify users via the App of information relevant to the App. All notices given by you or required from you under these Terms shall be in writing and addressed to: CPA Australia Ltd. Attn: Legal, Level 20, 28 Freshwater Place, Southbank, VIC 3006. Any notices that you provide without compliance with this clause on Notices shall have no legal effect.

g) Equitable remedies

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the App and agree to limit your claims to claims for monetary damages, limited under the ‘Liability’ clause.

h) Force Majeure

CPA Australia shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of CPA Australia, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond CPA Australia’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.

j) Governing law

These Terms will be governed by the laws of the State of Victoria Australia. 

18. Country-specific provisions 

If you are located in the United Kingdom, the following terms also apply: 

a) In respect of the restrictions set out in clause 3(d) above (which otherwise apply to the fullest extent), you agree that: 

i) you will not copy the App, except where it is necessary for the purpose of back-up only; and 

ii) you will not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities: (A) is not disclosed or communicated without CPA's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; (B) is not used to create any software that is substantially similar in its expression to the App; (C) is kept secure; and (D) is used only for the Permitted Objective.

b) This provision sets out what we do to protect you from illegal content.

i) We minimise the length of time for which: (A) terrorism content; (B) child sexual exploitation and abuse content, and (C) other kinds of illegal content might be present on the App by keeping our content under internal review by our content management team, and legal team where required.  

ii) We will swiftly take down any illegal content when we find out about it.

c) For the avoidance of doubt, references to consumer protection laws in clause 15(b) shall include the Consumer Rights Act 2015. 

If you are located in India, then the following terms also apply: 

You must not use the app to host, display, upload, modify, publish, transmit, store, update or share any information that is: 

a) deceives or misleads the addressee (of the information) about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Indian Government, is identified as fake or false or misleading by such fact check unit of the Indian Government as may be notified; or 

b) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence, or prevents investigation of any offence, or is insulting other nation.

If you are located in Sri Lanka, then the following terms also apply: 

a) For the avoidance of any doubt, you agree that these Terms, including the Supplemental Policies and any documents expressly incorporated by reference herein regarding your installation and use of the App and its related services (collectively the “contract”) has been entered into between you and CPA Australia, outside of Sri Lanka, and such contract shall be performed by CPA Australia outside of Sri Lanka in accordance with the laws of the State of Victoria Australia.

b) You must not use the App in contravention of the Online Safety Act No. 9 of 2024, as amended or replaced.

c) For the avoidance of doubt, we will obtain your prior consent to send you any promotional messages or material using the App and any use of your name, likeness or image as described in clause 6(a) will be limited to the purposes set out in our Privacy Policy.