This agreement applies as between you, the User of this Website and CPD CENTRE PTY LTD, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
CPD CENTRE PTY LTD is a company incorporated in Australia (ABN 16 681 192 423), with its principal place of business in New South Wales, Australia. All references to ‘We/Us/Our’ in these Terms and Conditions refer to CPD CENTRE PTY LTD
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that CPD CENTRE PTY LTD makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the CPD CENTRE PTY LTD proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and BSB numbers;
"Premises": Means Our place(s) of business located at NSW;
"System": means any online communications infrastructure that CPD CENTRE PTY LTD makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by CPD CENTRE PTY LTD and acting in the course of their employment;
"Website": means the website that you are currently using (www.cpdcentre.com.au) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
"We/Us/Our": means CPD CENTRE PTY LTD, a company incorporated in Australia (ACN 6 681 192 423) with its principal place of business in New South Wales, Australia.
“Persons under the age of 18 should use this Website only under the supervision of a person aged 18 years or older. Payment Information must be provided by, or with the explicit permission of, such an adult.”
These Terms and Conditions also apply to customers procuring Services in the course of business.
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4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software, is the property of CPD CENTRE PTY LTD, our affiliates, or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by the Copyright Act 1968 (Cth), other applicable Australian laws, and international intellectual property laws.
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4.2 Subject to Clause 6, you may not reproduce, copy, distribute, store, or otherwise re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
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5.1 Unless otherwise expressly indicated, all Intellectual Property rights—including, but not limited to, copyright and trademarks—in product images and descriptions belong to the manufacturers or distributors of those products, as may be applicable.
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5.2 Subject to Clause 6, you may not reproduce, copy, distribute, store, or in any other manner re-use such material unless otherwise indicated on the Website or unless you have received express written permission to do so from the relevant manufacturer or supplier.
Material from the Website may be re-used without Our written permission only where the applicable exceptions under the Copyright Act 1968 (Cth) apply. It is your responsibility to ensure that your use falls within one of these statutory exceptions.
This Website may contain links to other websites. Unless expressly stated, these sites are not under the control of CPD CENTRE PTY LTD or Our affiliates. To the extent permitted by Australian law, We assume no responsibility for the content of such external sites and disclaim liability for any loss or damage arising from their use. The inclusion of a link to another site on this Website does not imply any endorsement of the site itself or of those who control it.
Those wishing to place a link to this Website on other sites may do so only to the home page (www.cpdcentre.com.au) without Our prior permission. Deep linking (i.e., links to specific pages within the site other than the home page) requires Our express written permission. To find out more, please contact Us by email at contact@cpdcentre.com.au. CPD CENTRE PTY LTD is not responsible for third-party content and disclaims liability to the extent permitted by Australian law.
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9.1 When using any System on the Website, you must comply with the following rules. Failure to do so may result in your Account being suspended or closed, and We reserve the right to take any other actions permitted by law:
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9.1.1 You must not use obscene, vulgar, or otherwise offensive language;
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9.1.2 You must not submit Content that is unlawful, objectionable, or violates the rights of others. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, discriminatory (including ageist, sexist, or racist), or that infringes intellectual property rights;
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9.1.3 You must not submit Content that promotes or incites violence;
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9.1.4 It is advised that submissions be made in English, as We may be unable to respond to enquiries submitted in other languages;
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9.1.5 The manner in which you identify yourself must not violate these Terms and Conditions or any applicable Australian laws;
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9.1.6 You must not impersonate any person or entity, including employees or representatives of CPD CENTRE PTY LTD or Our affiliates; and
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9.1.7 You must not use Our System for unauthorised mass-communications, such as “spam” or “junk mail,” in breach of the Spam Act 2003 (Cth) or other applicable laws.
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9.2 You acknowledge that CPD CENTRE PTY LTD reserves the right to monitor any and all communications made to Us or using Our System, subject to Our obligations under the Privacy Act 1988 (Cth) and other applicable laws.
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9.3 You acknowledge that CPD CENTRE PTY LTD may retain copies of any and all communications made to Us or using Our System to the extent permitted by law.
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9.4 You acknowledge that any information you send to Us through Our System may be modified by Us. To the extent permitted by Australian law, you consent to Our use of the material in a manner that may not identify you as the author. Any restrictions you wish to place on Our use of such information must be communicated to Us in writing, in advance, and We reserve the right to reject such terms and the associated information.
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10.1 In order to procure Services on this Website and use certain other parts of the System, you are required to create an Account, which will contain certain personal details and Payment Information. The specific details required may vary based on your use of the Website, and We may not require payment information until you wish to make a purchase. By continuing to use this Website, you represent and warrant that:
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10.1.1 all information you submit is accurate, truthful, and not misleading;
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10.1.2 you have permission to submit any required Payment Information; and
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10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account reaffirms these representations and warranties.
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10.2 You are advised not to share your Account details (including your username and password). To the extent permitted by Australian law, We accept no liability for any losses or damages resulting from your decision to share your Account details. If you use a shared computer, We recommend that you do not save your Account details in your internet browser.
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10.3 If you believe your Account details have been obtained by another person without your consent, you should contact Us immediately at [Contact Email/Number] so that We can suspend your Account and cancel any unauthorised orders or payments. Please note that orders or payments can only be cancelled up until the provision of Services has commenced. If an unauthorised provision of Services begins before you notify Us, you may be charged pro rata for the Services provided until the time you notify Us, and possibly for an additional billing cycle of one month if applicable.
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10.4 When choosing your username, you must adhere to the terms set out in Clause 9. Failure to comply may result in the suspension or deletion of your Account.
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11.1 Either CPD CENTRE PTY LTD or you may terminate your Account at any time. If We terminate your Account, We will notify you by email and, where permissible by law, provide an explanation for the termination. Notwithstanding the foregoing, We reserve the right to terminate an Account without providing reasons, to the extent permitted by Australian law.
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11.2 If We terminate your Account, any current or pending orders or payments associated with your Account will be cancelled and the provision of Services will not commence. If payment has already been made, We will process any applicable refunds in accordance with these Terms and Conditions and any rights you have under Australian Consumer Law.
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12.1 While We make every reasonable effort to ensure that general descriptions of Services available from CPD CENTRE PTY LTD correspond to the actual Services provided, the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for errors due to negligence on Our part and refers only to variations of the correct Services, not the provision of entirely different Services. Please refer to sub-Clause 13.8 for issues concerning incorrect Services.
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12.2 Where appropriate, you may be required to select a specific Plan of Services.
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12.3 We do not guarantee that the Services will be available at all times and may not confirm availability until We have accepted your Order. No availability indications are provided on the Website.
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12.4 All pricing information displayed on the Website is accurate at the time of posting. We reserve the right to change prices and alter or remove special offers as needed, in accordance with applicable Australian laws.
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12.5 If prices change between the time you place an order for Services and when We process that order and take payment, the price that was valid at the time of your order will apply.
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13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by sending you an order confirmation email. Only once We have sent an order confirmation email will a binding contract between CPD CENTRE PTY LTD and you exist.
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13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
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13.2.1 Confirmation of the Services ordered, including full details of their main characteristics;
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13.2.2 Fully itemised pricing for the Services ordered, including any applicable taxes, and any additional charges;
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13.2.3 Relevant times and dates for the provision of the Services; and
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13.2.4 User credentials and information necessary for accessing the Services.
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13.3 If We do not accept your order for any reason, no payment will be taken. Any sums paid by you in relation to that order will be refunded within 14 calendar days, unless otherwise required by Australian Consumer Law.
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13.4 Payment for the Services shall be taken via your chosen payment method. Any setup fees will be charged immediately, with ongoing charges accruing and billed on the same day of each subsequent month (“billing cycle”) unless otherwise indicated in the order confirmation.
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13.5 We aim to fulfill your order within 2-3 working days or, if not possible, within a reasonable period. If we cannot fulfill your order within a reasonable period, We will notify you either on the relevant web page at the time of ordering or by contacting you directly. Unless required by law, time is not of the essence in this Contract, which means delays will not entitle you to terminate this Agreement or claim compensation, subject to any rights you have under Australian Consumer Law.
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13.6 CPD CENTRE PTY LTD will use reasonable skill and care, commensurate with industry standards, in providing the Services.
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13.7 If the Services provided do not conform to your order (e.g., incorrect Services), contact Us immediately. We will correct the issue within five (5) working days, or provide any remedies as required under Australian Consumer Law.
- Additional terms and conditions may apply to certain Services. You will be asked to read and accept those terms and conditions when completing your order.
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13.8 CPD CENTRE PTY LTD provides technical support via our online support forum and/or phone. While We will use reasonable efforts to respond promptly, We do not guarantee a specific response time.
We want you to be completely satisfied with the Products or Services you order from CPD CENTRE PTY LTD. If you have any questions or concerns about your Order, please contact us by email at contact@cpdcentre.com.au or write to us at our address set out in Section 1 above. You may cancel an Order that we have accepted or cancel the Contract, subject to these Terms and Conditions and any Specific Terms accompanying the Service. If any Specific Terms include a cancellation policy, those Specific Terms will apply. In addition to any rights you may have under the Australian Consumer Law, including rights to refunds, repairs, or replacements if the Services fail to meet the required standards, we may offer certain cancellation or refund policies as outlined in the Specific Terms related to your Service. Where no additional cancellation terms are provided, the following will apply
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14.1 You may request to cancel your Order before we commence providing the Services. If Services have not yet commenced, we will provide a full refund of any payments made.
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14.2 If the Services have begun and you wish to cancel, your entitlement to a refund (if any) will depend on the proportion of the Services already provided and any non-refundable components, as permitted by Australian Consumer Law.
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14.2.1 ITo cancel your Services, please contact Us immediately at contact@cpdcentre.com.au. Any applicable refunds will be processed within a reasonable time frame, and in any event no later than any timeframes required by Australian Consumer Law.
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14.3 Nothing in this clause or elsewhere in these Terms and Conditions is intended to limit or exclude any of your rights or remedies under the Australian Consumer Law.”
Use of the Website is also governed by Our Privacy Policy, which is incorporated by reference into these Terms and Conditions. You can review Our Privacy Policy at [www.cpdcentre.com.au/privacy]. The Privacy Policy outlines how We handle your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
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16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used, and held in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as well as your rights under that legislation.
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16.2 We may use your personal information to:
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16.2.1 Provide Our Services to you;
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16.2.2 Process your payment for the Services; and
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16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time by following the opt-out instructions provided or by contacting Us directly.
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16.3 In certain circumstances (for example, if you wish to purchase Services on credit), and with your consent, We may disclose your personal information to credit reporting bodies or agencies. Any such disclosure will be made in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and these agencies are required to handle your information in compliance with Australian privacy laws.
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16.4 We will not disclose your personal information to any third parties without first obtaining your express permission, unless required or permitted by law.
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17.1 To the extent permitted by Australian law, We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, or that all information provided will be accurate. We do not guarantee any specific results from the use of Our Service or Services. Nothing in these Terms and Conditions operates to exclude any rights or remedies you may have under the Australian Consumer Law.
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17.2 No part of this Website is intended to constitute advice. The Content of this Website should not be relied upon when making any decisions or taking any action of any kind. You should seek independent professional advice where appropriate.
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17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
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17.4 While We use reasonable endeavours to ensure that the Website is secure and free from errors, viruses, and other malware, you are strongly advised to take responsibility for your own internet security, as well as for the security of your personal details and your computer systems.
We reserve the right to change the Website, its Content, or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following those changes. If We are required to make any changes to these Terms and Conditions by law, such changes will apply automatically to any orders currently pending, as well as to any future orders.
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19.1 To the extent permitted by Australian law, the Website is provided ‘as is’ and on an ‘as available’ basis. While CPD CENTRE PTY LTD uses industry best practices to provide high uptime and fault-tolerant architecture, We do not warrant that the Website or Facilities will be free of defects or faults, or that it will meet your particular requirements. Subject to your rights under the Australian Consumer Law, We do not guarantee any specific results from the use of the Website or the accuracy of the information provided.
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19.2 To the extent permitted by Australian law, We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions.”
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20.1 To the extent permitted by Australian law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including indirect, consequential, special, or exemplary damages arising out of the use of the Website or any information contained therein. You acknowledge that you use the Website and its Content at your own risk. Nothing in these Terms and Conditions restricts or modifies any rights, guarantees, or remedies you have under the Australian Consumer Law.
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20.2 Nothing in these Terms and Conditions excludes or restricts CPD CENTRE PTY LTD’s liability for death or personal injury resulting from negligence or fraud on Our part.
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20.3 Nothing in these Terms and Conditions excludes or restricts CPD CENTRE PTY LTD’s liability for any loss or damage arising out of the incorrect provision of Services or reliance on incorrect information included on the Website, to the extent that such liability cannot be excluded under Australian Consumer Law.
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20.4 In the event that any provision of these Terms and Conditions is found to be unlawful, invalid, or otherwise unenforceable in any jurisdiction, that provision shall be deemed severed to the extent necessary, and the validity and enforceability of the remaining provisions shall not be affected.
In the event that any party fails to exercise any right or remedy under these Terms and Conditions, such failure shall not be construed as a waiver of that right or remedy.
In the event of a conflict between these Terms and Conditions and any prior versions, these Terms and Conditions shall prevail unless explicitly stated otherwise.
Nothing in these Terms and Conditions confers any rights on any third party. The agreement created by these Terms and Conditions is solely between you and CPD CENTRE PTY LTD.
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24.1 All notices or communications must be directed to Us by email at contact@cpdcentre.com.au. Notices sent by post will be deemed received three (3) days after posting if sent by first class post, or on the next business day if the email is sent on a weekend or public holiday and is received in full.
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24.2 If you opt to receive marketing communications from Us, We may send you information about Our products and/or services. You may unsubscribe at any time by using the ‘Unsubscribe’ link in any email or by contacting Us directly.
These Terms and Conditions, and the relationship between you and CPD CENTRE PTY LTD, shall be governed by and construed in accordance with the laws of the State of New South Wales] and the Commonwealth of Australia. You and CPD CENTRE PTY LTD agree to submit to the exclusive jurisdiction of the courts of NSW, Australia.
