These Licence Terms form a legal agreement between you and CPA Australia Ltd ACN 008 392 452 ("CPA Australia"), and apply to all self-paced professional development learning materials in any media or format (whether hardcopy, electronic or online), purchased or accessed via this website or obtained through workshops, including all:
- courses, including My Online Learning courses;
- recorded webinars;
- learning manuals;
- Conferences On Demand; and
- any other materials, resources, databases, libraries, applications, software, templates or associated media ("Materials").
These Licence Terms do not apply to CPA Program or Foundation exams.
If Materials have their own specific licence terms, those terms will apply to the extent of any inconsistency with these Licence Terms.
By accessing, downloading and/or using (as applicable) Materials, you will be taken to agree to these Licence Terms. Please read these Licence Terms carefully. If you do not agree with any of these Licence Terms, please do not access, download or use the Material.
(a) purchasing a Material item ("Purchase"); or
(b) if the Material item is provided free of charge by CPA Australia, then upon accessing, downloading or using the Material ("Access"), (whichever applies)
you are granted a revokable, non-transferable, non-exclusive and limited licence to use the Material for your personal training use only and strictly in accordance with these Licence Terms.
1.2 Unless otherwise stated, your access period to any online Material is 12 months from the date of Purchase or first Access (as applicable).
2.1 You must NOT:
(a) share the Material or any of its contents with others;
(b) access or use the Material concurrently on more than one device or over a network or virtual environment without separate relevant licences;
(c) make or distribute copies of the Material (in any medium or format);
(d) if the Material is software or an application, then alter, digitise, merge, modify, adapt or translate the Material, or decompile, reverse engineer, disassemble, or otherwise reduce the Material to a human perceivable form;
(e) sell, transfer, rent, lease, license or sub-license the Material;
(f) post, broadcast, transmit or otherwise display in public (including via the internet) or any venue not restricted to you, the Material or any part of the Material;
(g) assign and/or novate any rights and obligations under these Licence Terms;
(h) modify the Material or create derivative works based upon the Material;
(i) use the Material for commercial purposes; or
(j) use the Material to develop any other material or product having the same primary function as the Material.
2.2 You agree that CPA Australia may, upon reasonable notice to you, audit your use of the Material for compliance with these Licence Terms. In the event that such audit reveals any use of the Material by you other than in full compliance with these Licence Terms, you shall reimburse CPA Australia for all reasonable expenses related to such audit in addition to any other liabilities CPA Australia incurs as a result of such non-compliance.
3. Minimum system requirements for electronic Material
Before using electronic Material, you must ensure that you meet the recommended minimum hardware and software requirements to successfully access and use the Material. To the extent permitted by law, you will not be entitled to a refund and CPA Australia will not be responsible or liable for any claim, loss or expense that you may suffer as a result of not meeting these minimum requirements.
4. User acknowledgments
4.1 You acknowledge and agree that (i) the Material may include technical inaccuracies or errors, and (ii) the supplier of the Material (whether CPA Australia or another supplier of the Material ("Supplier") may make improvements or other changes to the Material at any time with no notice to you nor any obligation to provide you with such improvements or changes.
4.2 CPA Australia makes no warranty as to the accuracy or completeness of any information contained in or regarding the Material.
4.3 You acknowledge that any information in the Material is intended to be a guide only. You should not act solely on the basis of the information contained in the Material as parts may be generalised and the application of examples, exercises and case studies (if any) in the Material may vary from organisation to organisation and may apply differently to different people and circumstances.
CPA Australia and its Supplier(s) retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Material, and all copies thereof. All rights not specifically granted in these Licence Terms are reserved by CPA Australia and its Supplier(s).
6. Links to Third Party Sites
5.1 The Material may include links to third party sites or content. The third party sites or content are not under the control of CPA Australia, and CPA Australia is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. CPA Australia is not responsible for webcasting or any other form of transmission received from any third party sites. CPA Australia is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by CPA Australia of the third party site.
7. Additional Licensed Content/Services
These Licence Terms apply to any updates or supplements to the Material that CPA Australia may provide to you or make available to you after your initial Purchase or Access (whichever applies), unless CPA Australia provides other terms with the update or supplement. CPA Australia reserves the right to discontinue any internet-based services provided to you or made available to you through the use of the Material.
8. Intellectual Property
8.1 You must not remove or modify any copyright or other notice on the Material nor register any copyright based on the Material.
8.2 You must not use any of CPA Australia’s or its Supplier(s)’ trade mark(s) ("Trade mark"), nor register in any country any Trade Mark, or any mark confusingly similar to the Trade Mark, whether alone or in combination with the Trade Mark.
You must use your best endeavours to ensure that the Material is protected at all time from access, use or misuse by any person not authorised to use the Material pursuant to these Licence Terms.
10.1 Without prejudice to any other rights, CPA Australia may terminate the licence granted under clause 1 if you fail to comply with these Licence Terms. In such event, you must destroy or permanently delete (as applicable) all copies of the Material and all of its component parts and, to the extent permitted by law, you will not be entitled to a refund.
10.2 The following provisions of these Licence Terms will survive any termination: all definitions and clauses 8 (Intellectual Property), 11 (Warranties and Exclusions), 12 (Limitation of Liability and Remedy), 13 (Your Indemnity) and this clause 10.2.
11. Warranties and Exclusions
Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply guarantees, warranties, conditions and impose obligations on CPA Australia and its Supplier(s) ("Consumer Guarantees"). To the extent permitted by law, CPA Australia’s liability will be limited at its option to the resupply, repair or replacement of the Material or the cost of such resupply, repair or replacement. Subject to the Consumer Guarantees all representations, guarantees, conditions and warranties of any nature are expressly excluded. Nothing in this clause excludes, restricts or modifies your rights under a Consumer Guarantee.
12. Limitation of Liability and Remedy
12.1 Subject to any Consumer Guarantee and to the full extent permitted by any applicable law, the cumulative total liability of CPA Australia and/or any of its Suppliers under these Licence Terms (regardless of the basis of the claim or action, including negligence and gross negligence) will not exceed the greater of two (2) times the price you paid to purchase the Material or the amount of AU$100.
12.2 Subject to any Consumer Guarantee, CPA Australia will not be liable to you for any indirect or consequential loss, loss of profit (whether based on contact, tort (including negligence), statute or any other legal theory) or loss of revenue arising in connection with these Licence Terms, your use of or access to the Material, or any support services for the Material.
13. Your Indemnity
You will indemnify CPA Australia, its directors, employees, contractors and agents from and against all damages, losses, claims and expenses:
(a) in the event that your act or omission causes or contributes to a breach of these Licence Terms;
(b) as a result of your use of the Material, including any infringement of intellectual property rights (including those of the Supplier(s) of the Material).
CPA Australia reserves the right to amend these Licence Terms from time to time without notice to you and you will be subject to the terms in force at the time of such amendment, unless otherwise stated.
15. General Conditions
15.1 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 Licence Terms shall not operate as a waiver of that power, right or remedy.
15.2 If any provision of these Licence 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 Licence Terms.
15.3 These Licence 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 nonexclusive jurisdiction of the courts of Victoria and waives any objection that it may have that proceedings have been brought in an inconvenient forum.
16. PRIVACY STATEMENT
CPA Australia is committed to protecting your privacy and the confidentiality and the security of personal information provided by you. Any personal information you provide to CPA Australia in order to use, or when using, Material is necessary to facilitate your use of the Material which may include updating your CPA Australia 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 transferred or stored outside the country where the information was collected for the purposes stated above.