Last updated Thursday 9 June 2016


Contents

Using our Websites

1. CPA Australia Websites
2. Anti-spam notice
3. Website Content
4. External links and advertisements
5. Limitation of liability
6. Copyright in material on this site and restriction of use
7. Copyright in other material
8. Trademarks
9. Indemnification
10. Invalid terms and conditions
11. Variation of terms of use
12. Website unavailability
13. Forums and public communication
14. Creating an account
15. Password requirement
16. Password security
17. Participation in competitions
18. Career Guidance System

Purchasing

19. Payments
20. Prices
21. Promotion codes
22. Shopping privacy
23. Refunds and returns

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 name "cpaaustralia.com.au" and "thenakedceo.com" website and the CPA Australia Advice Pty Ltd ABN 21 606 084 806 (CPA Australia Advice) website under the domain name “cpaaustraliaadvice.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 or CPA Australia Advice as relevant or the relevant addressees, to the receipt of unsolicited commercial electronic messages.

3. Website Content

Material or information ("Content") on the website is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. CPA Australia and CPA Australia Advice respectively do 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.

For CPA Australia Advice, the information on this website is factual information or general advice only and has been prepared without taking into account your particular objectives, financial situation or needs. Before selecting any product or service or acting on any advice you should consider the appropriateness of the advice having regard to your objectives, financial situation and needs. If any information on this Website relates to a particular product or service you should obtain any relevant disclosure statement for that product or service before making a decision about whether to acquire the product or service Our products and services are available only in Australia from CPA Australia Advice Pty Ltd ABN 606 084 806, AFSL No. 482657, Australian Credit Licence No. 482657, Member of Financial Ombudsman Service (FOS).

4. External links and advertisements

The Website contains links to websites maintained by other organisations over which CPA Australia and CPA Australia Advice has no control. CPA Australia and CPA Australia Advice do 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.

Neither CPA Australia nor CPA Australia Advice make any 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 or CPA Australia Advice 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 CPDlive

In order to participate in a live webinar hosted by our third party provider, CPDlive, you will need to set up your device following the instructions on the Training and Events Technical Support page.

CPDlive is a third party website and may have its own separate terms and conditions of use. By using CPDlive, you agree to any terms of use or policies of CPDlive associated with such use.

CPA Australia may use personal information supplied by you via CPDlive in order to provide you with CPA Australia’s services or information, in accordance with our Privacy Policy.

5. Limitation of liability

CPA Australia and CPA Australia Advice respectively each (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 or CPA Australia Advice 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.

Neither CPA Australia nor CPA Australia Advice shall 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 and CPA Australia Advice each 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 and CPA Australia Advice’s liability respectively 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 and CPA Australia Advice respectively. 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. CPA Australia or CPA Australia Advice as relevant grants you permission to do the following with the Content unless otherwise indicated:

  • store a reproduction of the Content on your local computer for the sole purpose of viewing it
  • print hard copies of the Content for non-commercial use or personal use only
  • reproduce or distribute any complete page of the Content so long as: you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document you do not modify the copy from how it appears on the Website (unless expressly authorised by CPA Australia)
  • this copyright notice appears in its entirety in each copy made or distributed, and the content is appropriately attributed to CPA Australia or CPA Australia Advice as relevant.

Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the Content on the Website including audio and video excerpts without the prior written approval of CPA Australia or CPA Australia Advice as relevant.

7. Copyright in other material

CPA Australia and CPA Australia Advice each make 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.

Neither CPA Australia nor CPA Australia Advice are 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 “CPA Australia Advice”, unless otherwise indicated, are owned by CPA Australia and CPA Australia Advice respectively in Australia and may be the subject of rights in other countries. You must not use CPA Australia's or CPA Australia Advice’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 or CPA Australia Advice as relevant.

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 and CPA Australia Advice, their officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable solicitor's 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 and CPA Australia Advice respectively reserve 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 and CPA Australia Advice reserve 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 and CPA Australia Advice do not accept responsibility in the event that the Website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of CPA Australia and/or CPA Australia Advice.

13. Forums and public communication

Forum includes without limitation; 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".

Neither CPA Australia nor CPA Australia Advice is 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 or CPA Australia Advice’s servers and/or the internet and that, therefore, you have no expectation of privacy with regard to any such submission; (iv) CPA Australia and CPA Australia Advice do 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 and CPA Australia Advice 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 and CPA Australia Advice 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 or CPA Australia Advice 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 and CPA Australia Advice each reserve 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.

CPA Program "Ask the Expert" question and answer service

Comments or responses by CPA Australia staff do not necessarily represent the views of CPA Australia.

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 and Authorised Representatives of CPA Australia Advice 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 or CPA Australia Advice 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 gaming 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. Career Guidance System

By using the Career Guidance System ("the System") you acknowledge and agree to, the following:

Self assessment

(1) The System: (a) works on the basis of self assessment; (b) any resources suggested by the System 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.

No guarantees

(2) CPA Australia gives no guarantee to you: (a) of the continued availability of any particular resource suggested by the System; (b) that the System will be uninterrupted or error-free or that defects in the System will be corrected; (d) 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 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 this 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 and CPA Australia Advice 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 for CPA Australia 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 is required by CPA Australia Advice in order to be an authorised representative of CPA Australia Advice and for CPA Australia Advice to receive client fees. You cannot be authorised without payment being received by CPA Australia Advice.

A tax invoice (receipt) will be issued for completed purchases. Any dispute regarding the invoice must be notified to CPA Australia or CPA Australia Advice as relevant within two business days of receipt of invoice.

19.1 Payment types – CPA Australia

The following payment options are available:

  • credit card
  • PayPal

The following credit cards are accepted:

  • Visa
  • Mastercard
  • American Express
  • Diners Club (Australia only)

Offline transactions may be available if provided in the details for individual products.

19.2 Payment types – CPA Australia Advice Pty Ltd

The following payment options are available for the payment of licence fees:

  • direct debit

The following payment options are available for the payment of client fees:

  • BPay

19.3 Payments in Malaysia

For Malaysian members opting into an instalment plan for their membership renewal 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.

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 CPA Australia Group Privacy Policy, which you can view here, CPA Australia and CPA Australia Advice respectively 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 or CPA Australia Advice as relevant and managed in accordance with the CPA Australia Group Privacy Policy.

23. Refunds and returns

Please refer to specific refund and return policies (as applicable):