General website terms
Contents
Using our Websites
- CPA Australia Websites
- Anti-spam notice
- Website Content
- External links and advertisements
- Limitation of liability
- Copyright in material on this site and restriction of use
- Copyright in other material
- Trademarks
- Indemnification
- Invalid terms and conditions
- Variation of terms of use
- Website unavailability
- Forums and public communication
- Creating an account
- Password requirement
- Password security
- Participation in competitions
- My Capability Plan
- Payments
- Prices
- Promotion codes
- Shopping privacy
- Refunds and returns
Purchasing
Using our websites
1. CPA Australia Websites
CPA Australia Ltd ABN 64 008 392 452 ("CPA Australia") websites, under its various domain names including its corporate website under the domain names "cpaaustralia.com.au and "intheblack.cpaaustralia.com.au" (collectively "Website") reside on servers in the State of Victoria, Australia and in some instances overseas. The Website is offered to you conditional upon your acceptance of these Terms of Use and the associated Privacy Policy. Your use of and access to the Website constitutes your acceptance.
We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on the Website as they are changed. By continuing to use our Website you accept the Terms of Use as they apply from time to time.
The laws applicable to use of the Website and to disputes arising out of the Website are the laws applying in the State of Victoria in Australia. If you access the Website from outside Australia you are also responsible for ensuring compliance with all applicable laws in the place where you are located.
2. Anti-spam notice
Publication of electronic addresses on the Website is for the purpose of professional communication only and must not be used to infer consent by CPA Australia as relevant or the relevant addressees, to the receipt of unsolicited commercial electronic messages.
3. Website Content
Material or information (including the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to) ("Content") on the website is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. CPA Australia does not warrant the accuracy, completeness or adequacy of the Content in the Website. You should make your own enquiries before entering any transaction on the basis of the Content on the Website.
CPA Australia reserves the right to moderate any user-generated Website Content as it considers appropriate, including in forums and any Q&A.
You may access Content for your information and personal use solely as intended through the provided functionality of the Website and as permitted under these Terms of Use. You must not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without CPA Australia's prior written consent. CPA Australia reserves all rights not expressly granted in and to the Website and Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the Content.
4. External links and advertisements
The Website contains links to websites maintained by other organisations over which CPA Australia has no control. CPA Australia does not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.
CPA Australia makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which the Website is linked, nor are CPA Australia responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products or services.
You must not create or maintain any link from another website to the Website without our written consent.
Live webinars via Cahoot Learning
In order to participate in a live webinar hosted by our third party provider, Cahoot Learning, you will need to set up your device following the instructions on the technical support page.
Cahoot Learning is a third-party website and may have its own separate terms and conditions of use and privacy policies. By using Cahoot Learning, you agree to any terms of use or policies of Cahoot Learning associated with such use.
CPA Australia may use personal information supplied by you via Cahoot Learning in order to provide you with CPA Australia’s services or information, in accordance with our Privacy Policy.
5. Limitation of liability
CPA Australia (i) makes no warranties or representations about the Website or any of the Content; (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of the Website or any of the Content; (iii) does not guarantee that the Website will not cause damage or is free from viruses or any other defects or errors. Under no circumstances will CPA Australia be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.
CPA Australia will not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.
CPA Australia excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of the Website or the Content on it. Where any law implies a warranty or guarantee which may not be lawfully excluded, then to the maximum extent permitted by law, CPA Australia's liability for breach of the warranty or guarantee will at its option be limited to the supply of the services again or the payment of the cost of having them supplied again.
6. Copyright in material on this site and restriction of use
Save and except for any third-party copyright included on the Website under a licence or agreement, all the Content of the Website and downloads from it, is owned by CPA Australia. All rights are reserved.
Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.
For further information about copyright in Content contact the CPA Australia Legal Business Unit. We grant you permission to download and view Content or print a copy of the Content on this Website for personal, non-commercial use provided you do not modify the Content in any way; but otherwise, you are not permitted to copy, or republish anything you find on this Website without CPA Australia's written permission. All requests for permission to reproduce content from this Website, including reproduction in websites, newsletters, books, brochures, CD-ROMs and advertising should be directed to: Legal Business Unit, Level 20, 28 Freshwater Place Melbourne, Victoria 3006 Australia.
7. Copyright in other material
CPA Australia makes no warranties or representations that third-party material on the Website or material on other websites to which the Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.
CPA Australia is not and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking the Website to such material on other sites.
8. Trademarks
Trademarks including but not limited to the words "CPA", "CPA Australia" and “INTHEBLACK”, unless otherwise indicated, are owned by CPA Australia in Australia and may be the subject of rights in other countries. You must not use CPA Australia's trademarks except: (i) by saving or printing out a copy of the Website as permitted by the copyright notice above; (ii) as permitted by written agreement from CPA Australia.
The Website may contain trademarks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.
9. Indemnification
You agree to indemnify, defend and hold harmless CPA Australia, its officers, employees and agents against, any loss, liability, claim, demand, damage or expenses (including legal fees) asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on the Website, or messages posted or transmitted by you on or through the Website. CPA Australia reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.
10. Invalid terms and conditions
In the event that any or any part of the terms contained in these Terms of Use are determined by a court to be invalid, unlawful or unenforceable, then such terms shall be severed from the remaining terms.
11. Variation of Terms of Use
CPA Australia reserves the right, at their sole discretion, to change, modify, add or delete portions of these Terms of Use at any time and you should therefore periodically review this page.
12. Website unavailability
CPA Australia does not accept responsibility in the event that the Website is unavailable to you at any time, or for any period. We may at any time restrict access to some, or all, of the Website. You are responsible for ensuring that you have made all necessary arrangements for you to have access to the Website and for ensuring that anyone who accesses the Website through your internet connection is aware of these terms and conditions and that they comply with them.
13. Forums and public communication
Forum includes without limitation; CPA Member Connect, chat area, message board, blog or wiki function, discussion board, instant messaging, mobile messaging or e-mail function offered as part of the Website. If you participate in any Forum within the Website, you agree to follow our terms set out below, including the specific terms (where applicable) for the CPA Program "Ask the Expert" question and answer service, accessed via "My Online Learning".
CPA Australia is not responsible for the content or opinions posted or sent by users in any forum. You acknowledge that: (i) you take responsibility for postings under your username; (ii) you use the information provided in the forums at your own risk; (iii) anything you submit on the Website by way of any forum is routed through CPA Australia's servers and/or the internet and that, therefore, you have no expectation of privacy with regard to any such submission; (iv) CPA Australia does not guarantee and are under no obligations, to take action in response to any suggestions or requests placed by any person within the forum; (v) the forums and features on the Website are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. CPA Australia cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
When participating in a forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. CPA Australia cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such information.
You furthermore agree not to do any of the following:
- Post, distribute, or otherwise make available or transmit any data, text, or message, that CPA Australia deems to be: (i) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (ii) bigoted, hateful, or racially offensive; (iii) vulgar, obscene, or sexually explicit (language or images); or that (iv) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or that (v) infringes and / or violates any domestic or international law, rule, or regulation or make statements that do not generally pertain to the designated topic or theme of any forum.
- Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any forum for commercial purposes of any kind.
- Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
- Engage in antisocial, disruptive, or destructive acts, including "flaming", "spamming", "flooding", "trolling", and "griefing" as those terms are commonly understood and used on the internet.
CPA Australia reserves the right to:
(i) remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these terms
(ii) remove messages, emails, or postings that do not pertain to the designated topic or theme of the forum
(iii) comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Website in violation of the law
(iv) either via staff posting or otherwise, initiate any discussion based on feedback from members
(v) otherwise remove or edit content from any forum at any time and for any reason although it has no duty to do so.
Any comments or responses by CPA Australia staff do not necessarily represent the views of CPA Australia. Any opinions or views expressed by visitors, users and external contributors and any ratings and reviews given are those of the visitors, users and external contributors and not CPA Australia. If you post or submit any images, content or information on the Website, you can confirm that:
(a) you have the right to do so and if you do not own the images, content or information that you have the permission of the owner to do so;
(b) that CPA Australia retains the absolute discretion as to whether we use such images, content or information;
(c) you understand and acknowledge that we may delete or remove such images, content or information at any time without notice;
(d) it is true, accurate and not misleading; and
(e) it is not illegal or unlawful.
Whilst using the Website or in posting or submitting any images, content or information to the Website, you must not:
(a) use any software or technologies to scrape information from our Website or collect or store personal information about any users of CPA Australia's website;
(b) impersonate any person or use a false email address;
(c) knowingly or intentionally introduce any potential damaging computer code, programs or files (including viruses, trojans, worms or other malicious code or software).
If you do not comply with the above restrictions, we may terminate your account and we may also report any unlawful behaviour to law enforcement.
14. Creating an account
Whether you are a member of CPA Australia or a non-member, you need to create an account in order to purchase products and services from the Website, enrol in courses or enter Website competitions. Members may be entitled to receive discounts when purchasing products or services, or registering for courses, via the Website. Access to some areas of the Website may also be restricted to members only or CPA Program candidates.
15. Password requirement
CPA Australia members may obtain a password by logging into the relevant website and registering for a password. In certain circumstances non-members may be able to obtain a password. For further information, please contact us. CPA Australia may refuse to issue a password, in their sole discretion, until such time as it has satisfied itself about the identity of the user and the ability of the user to perform its obligations under these Terms of Use.
16. Password security
You must keep your password confidential at all times. You must not: (i) allow anyone to watch you enter your password when accessing the Website; (ii) record your password in any manner that would indicate to anyone that it is the user's password. You must inform us as soon as possible if you become aware of misuse of your password or loss or theft of a record of the password, or if you suspect that the password has become known to anyone. If you delay unreasonably in notifying us, you will be liable for your losses.
17. Participation in competitions
All competitions that you may enter on the Website are governed by relevant Australian State, Territory and/or international legislation (as applicable) and any specific rules and terms and conditions of the competition. You are encouraged to read these carefully before entering into any competitions.
18. My Capability Plan
By using the My Capability Plan tool ("the Tool") you acknowledge and agree to, the following:
Self-assessment
(1) The Tool: (a) works on the basis of self-assessment; (b) any resources suggested by the Tool are the result of the information you provide; (c) is intended to be a guide only and no part of it is intended to be advice; (d) is no substitute for professional advice. CPA Australia does not accept any responsibility for loss suffered as a result of reliance by you on the accuracy of information provided using the Tool.
No guarantees
(2) CPA Australia gives no guarantee to you: (a) of the continued availability of any particular resource suggested by the Tool; (b) that the Tool will be uninterrupted or error-free or that defects in the Tool will be corrected; (c) that you have attained or will attain a particular competency level; (d) that you will obtain or be considered for any position for which you apply.
Limitation of liability
(3) To the maximum extent permitted by applicable law, CPA Australia, its employees, agents and consultants exclude all liability for any loss or damage claims and expenses including but not limited to legal costs, indirect special or consequential loss or damage (including but not limited to, negligence) arising out of the information in the Tool. Where any law prohibits the exclusion of such liability, CPA Australia limits its liability to the resupply of the information.
Purchasing
19. Payments
CPA Australia securely handles payments in accordance with The Payment Card Industry Data Security Standard (The PCI-DSS) and Australian privacy laws. The Website uses secure payment data stored in CyberSource’s PCI DSS certified data centres. These centres use a Secure Acceptance approach whereby payment data is transmitted from you the customer directly to a secure CyberSource server in the United States, where it is securely stored, in conformity with Australian privacy laws.
Payment is required in order to register for CPA Australia training and events, enrol in courses, or purchase any other products or items. Unless otherwise indicated, no product or service shall be delivered to you without payment being received by CPA Australia.
Payment options may vary depending on the country you are located in, the product or registration you are purchasing, and your membership status. Available payment methods will be provided at the point of sale.
A tax invoice (receipt) will be issued for completed purchases. Any dispute regarding the invoice must be notified to CPA Australia within two business days of receipt of invoice.
19.1 Payment types: CPA Australia
The following payment options are available:
- Credit card / Debit card
- PayPal
- PayPal Pay-in-4 (Australia only)
- PayPal Pay-in-3 (UK only)
- Alipay (Mainland China only – excluding professional development products and events)
- WeChat Pay (Mainland China only – excluding professional development products and events)
- PayNow (Singapore only – excluding professional development products and events)
- Direct Debit (Australia only)
The following credit cards are accepted:
- Visa
- Mastercard
- American Express
- JCB
A non-refundable surcharge will apply to all credit and debit card payments in Australia.
Multi-step payment authentication
Following the introduction of increased 3DS security (multi-step verification) for online transactions using One Time Passcode (OTP) by Major Banking Institutions since October 2022; this now requires the customer to ensure they have set up verification capabilities of their selected contact preference (sms/email) with their banking provider. This will then enable the customer to enter the OTP required during the online purchase, in order to successfully complete a payment. Please note: CPA Australia does not dictate which cards/banks have this OTP/authentication check in place.
19.2 Payments in Malaysia
For Malaysian members opting into an instalment plan for their membership renewal fee (Fee) please note the first instalment is taken upon completion of the online renewal process with remaining instalments automatically charged to the form of payment selected. Members can view the instalment plan and update the form of payment selected via payment management.
As set out in the Constitution, failure to make payment of Fee may result in forfeiture of membership; or removal or suspension of a members rights and privileges. All Fees paid to CPA Australia are non-refundable.
20. Prices
Prices are correct at the time they appear on the Website. However, CPA Australia reserves the right to change prices at any time, including due to currency fluctuations.
Prices may have a goods and services tax ("GST") component which you may check at point of payment in the shopping cart. GST may apply depending on the item or product you are purchasing, and the location you are purchasing from. Unless otherwise stated the prices include processing, handling and delivery charges (as applicable) for delivery to your nominated location.
21. Promotion codes
The terms and conditions in this clause 21 apply to promotions on the Website, including where you must apply a promotion code in order to receive a discount or other benefit (“promotion code”) when purchasing an “item” (including but not limited to a course, product or assessment).
Promotion codes may also be referred to as “promo codes”, “promotional codes”, “discount codes”, “coupons” or “vouchers”.
Additional promotion terms and conditions specific to an item may apply and be notified by CPA Australia including but not limited to: on the detailed page for the applicable item or payments page on the Website, in an email, or other advertising materials relating to the item, issued by CPA Australia from time to time.
- Promotion codes may be valid for a limited time only.
- CPA Australia reserves the right to modify or cancel a promotion at any time, including for non-compliance with promotion terms or conditions.
- Unless otherwise specifically stated, a promotion code applies only to qualifying items.
- Only one promotion code can be applied to the shopping cart at a time.
- Discounts offered through promotion codes apply to the standard GST exclusive price.
- A promotion code may not be combined with any other promotion codes or offers (for example, early bird discount).
- An offer connected to a promotion code is non-transferrable and may not be resold.
- A promotion code may only be used with CPA Australia items (whether sold via a CPA Australia Website or over the telephone by calling CPA Australia) and not third-party products or services.
- If you do not apply a promotion code to a qualifying item in your shopping cart, the benefit or discount offered under that promotion code will not apply.
- If you cancel a purchase which was made using a promotion code, your refund will equal the amount you paid for the item, subject to applicable refund policies for the item.
- Promotion codes are void if restricted or prohibited by law. If you violate any of the offer terms, the promotion code will be invalid.
22. Shopping privacy
In addition to those provisions under the Privacy Policy, CPA Australia will disclose relevant personal information collected about you when you place an order to relevant third party suppliers (if any) for the purposes of processing your order and delivering your ordered item(s) (if applicable). The third-party supplier has agreed that such information shall not be used except for the purposes of fulfilling the order. The third-party supplier will retain such relevant information as is necessary for the purposes of any warranty claim. Upon expiry of such a time, the information will be returned to CPA Australia and managed in accordance with the CPA Australia Privacy Policy.
23. Refunds and returns
Please refer to specific refund and return policies (as applicable):
Specific terms and conditions