Last updated: Friday 15 September 2017
From 20 November 2015, these terms and conditions ("Event Terms") replace the previous Delegate Terms and Conditions.
The Delegate Terms and Conditions continue to apply to any Events occurring before 20 November 2015.
These Event Terms apply to any Events occurring on or after 20 November 2015.
These Event terms apply to CPA Australia’s:
- face to face workshops
- conferences and CPA Congress
- all live webinars; and
- any other CPA Australia events, courses or programs (including assessments),
(each an "Event"), unless the Event has its own specific terms, in which case those terms will apply to the extent of any inconsistency with these Event Terms. For example, RG146 Compliance Solution RTO Policy 8: Fees, Charges and Cancellations contains specific deferral, refund and cancellation policies for relevant programs and Public Practice Program Intensive Rules and Regulations, and those specific Event terms will apply instead of these Event Terms where there is any inconsistency between the two.
These Event Terms govern CPA Australia Ltd ACN 008 392 452 ("CPA Australia") and each person ("Attendee, You or Your") who has either: (1) registered or enrolled to attend or participate in an Event; or (2) been invited by CPA Australia to attend the Event.
In these Event Terms, the term “Registration” includes “enrolment”, and “Register” (which includes “enrol”) has a corresponding meaning.
Please read these Event Terms carefully as they contain important information. You acknowledge that You have read and agree to be bound by these Event Terms upon: (1) submitting Your Registration to CPA Australia (whether hard copy or electronic); or (2) attending or participating in the Event if You are not required to Register for the Event.
1.1 Your Registration is subject to acceptance by CPA Australia which acceptance will be confirmed in writing (including but not limited to email) ("In Writing") after CPA Australia has received Your fully completed Registration, the fee (if required) related to your registration ("Fee") and any required supporting documents. CPA Australia may in its absolute discretion for any reason refuse to accept Your Registration.
1.2 CPA Australia’s preferred method of Registration is online. If You encounter difficulties with online Registrations, please contact us.
1.3 CPA Australia may provide offline Registrations via fax or mail. CPA Australia will use its best efforts to process offline Registrations within two (2) working days of receipt.
1.4 If CPA Australia has invited you in writing to attend the Event without the need to Register and / or make any payment, You must provide Your confirmation of attendance to CPA Australia within the time specified in the invitation (if any) in order for CPA Australia to register You for the Event.
1.5 The Fee for the Event is correct at the time of publication. CPA Australia reserves the right to change the Fee at any time but changes will not affect Registrations which have already been confirmed In Writing by CPA Australia.
1.6 Attendees travelling from overseas or out of state locations should obtain an Event confirmation from CPA Australia before confirming their travel arrangements. You remain solely responsible for any travel arrangements that you make.
2. Cancellation or Transfers by Attendee
2.1.1 Notification of cancellation of Your Registration for the Event must be made In Writing ("Notification") and sent to CPA Australia by mail or email to the attention of Member Administration at your local CPA Australia office. The Notification must include all relevant information regarding the bank account to which a possible refund may be remitted.
2.1.2 If the notification is received by CPA Australia five (5) working days or more before the date of the Event ("Final Cancellation Date"), CPA Australia will provide You with a refund of the Fee minus any reasonable administration costs (as determined by CPA Australia). No refunds will be made for cancellations received after the Final Cancellation Date.
2.1.3 Subject to clause 2.1.2, no refunds will be given for Your cancellation of, or non-attendance at, any part of an Event. To avoid doubt, this clause 2.1.3 also applies to multi-day Events (held across more than one day). So, for example, if You Registered for a two-day workshop, there is no refund for day one if You only attend day two.
You may transfer to another activity at the Event (for example, sessions, luncheons, workshops, presentations, seminars or any other activity offered at the Event, if any) ("Activity") by notifying CPA Australia in writing at least five (5) working days prior to the Activity. Transfers are subject to the applicable Registration Fee (if any) for the Activity that You are seeking a transfer to.
If You wish to send a substitute person to the Event or to an Activity in Your place, You must advise CPA Australia In Writing within five (5) working days prior to the Event or Activity. Substitutions are subject to any additional fees including but not limited to the applicable Registration Fee (for example, if the substitute is a non-member additional fees may be payable).
This clause 2.4 applies only to Events in Hong Kong, Singapore and Malaysia. Where a refund is not available, CPA Australia, at its sole discretion, may offer You a credit. Any credits given must be utilised within the same calendar year in which the credit is issued.
3. CPA Australia’s rights
3.1 CPA Australia reserves the right at any time to:
(a) change the format, participants, content, location and timing or any other aspect of the Event;
(b) postpone the Event or any part of the Event; or
(c) cancel the Event or any part of the Event, and will not be liable to You for any damages, costs, losses or expenses of any kind incurred or suffered by You as a result of or in relation to CPA Australia modifying, postponing or cancelling the Event or any part of the Event.
3.2 If the Event is cancelled or postponed by CPA Australia:
(a) for reasons that are beyond its reasonable control, CPA Australia may retain the Fee and will not be required to make any refund of the Fee; or
(b) for reasons other than as set out in clause 3.2(a), CPA Australia will refund the Fee minus any reasonable administration costs (as determined by CPA Australia).
4. Your rights and obligations at the Event
4.1 CPA Australia reserves the right, without any liability, to refuse admission to, or to eject You from the Event, in its absolute discretion, including (without limitation), for failure to comply with these Event Terms or if in the opinion of CPA Australia You represent a security risk, nuisance or annoyance to the running of the Event.
4.2 You agree to comply with all reasonable instructions issued by CPA Australia or the operator of the venue for the Event.
4.3 All unauthorised photography and the recording or transmitting of audio or visual material, data or information is expressly prohibited at the Event and/or in or at the venue.
4.4 You acknowledge that You may be filmed, sound recorded and/or photographed by CPA Australia, the media or any other party at the Event and CPA Australia may use or approve the use of the film, sound recording and/or photograph for any purpose and in any way whatsoever.
5. Limitations of Liability and Indemnity
5.1 Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may impose guarantees, warranties, conditions and obligations on CPA Australia ("Consumer Guarantees"). If any of these Event Terms are inconsistent with a Consumer Guarantee, the Consumer Guarantee will apply to the extent of such inconsistency. To the extent permitted by law CPA Australia’s liability and Your sole remedy will be limited to the refund of the Fee paid to CPA Australia. Subject to any applicable Consumer Guarantees, all guarantees, representations, conditions and warranties of any nature are expressly excluded.
5.2 Subject to any Consumer Guarantees and to the maximum extent permitted by applicable law, CPA Australia, its employees, agents and contractors will not be liable for personal injury or death, property damage, or any other loss (including without limitation, liability for negligence, breach of these Event Terms or any other agreement), damage, cost or expense (including, without limitation, loss of profits, business interruption, loss of information, indirect, special, punitive or consequential loss or damage) that You may incur or suffer arising out of or in connection with the Event.
5.3 You agree to fully indemnify and hold CPA Australia, its employees, agents, contractors and sub-contractors ("Representatives") harmless from any claim, cost, demand, liability or damage (including legal costs, professional costs and other expenses on a full indemnity basis) incurred by CPA Australia and/or its Representatives arising out of or in connection with the Event, including but not limited to: (1) a breach of these Event Terms; (2) Your use of the venue or attendance at the Event; (3) any damage to the venue or any goods located at the venue; or (4) the infringement of any intellectual property or other right of any third party (including the venue) by You.
6.1 CPA Australia reserves the right to amend these Event Terms from time to time and You will be subject to the terms in force at the time CPA Australia Registers You for the Event or You attend the Event, if you do not need to Register, whichever is applicable.
6.2 Any failure, delay or relaxation on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by these Event Terms shall not operate as a waiver of that power, right or remedy.
6.3 If any provision of these Event Terms is invalid or not enforceable by a court of competent jurisdiction, the relevant term is to be read down and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Event Terms.
6.4 These Event Terms are governed by and are to be construed in accordance with the laws in force in Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and waives any objection that it may have that proceedings have been brought in an inconvenient forum.
7. PRIVACY STATEMENT
CPA Australia is committed to protecting Your privacy and the confidentiality and the security of personal information provided by You. The personal information You provide is necessary to process Your Registration form which may include updating Your record and profile information. We may use Your personal information to contact You about professional development and associated events, the CPA Program, provide You with the latest news as in CPA Update, to conduct analysis or market research to identify the ongoing needs of registrants, how to become a member of CPA Australia and to generally provide You with information on services and benefits. Personal information provided by You may be disclosed to external organisations that we engage for certain business functions such as our mailing houses, printers, technology service providers and marketing and communications agencies. Your personal information may be collected to enable You to access and use a CPA Australia online platform. Your personal information may be transferred or stored outside the country where the information was collected for the purposes stated above.