1. General

1.1 Welcome to the online store located at https://store.charteredaccountantsanz.com and https://store.charteredaccountantsanz.co.nz (eStore) operated by Chartered Accountants Australia and New Zealand (ABN 50 084 642 571) (CA ANZ).  You can browse, select and purchase:

(a) learning and development materials; 

(b) tickets to attend seminars, conferences, courses or events (which may include live or recorded webcasts or webinars) (Activity); and

(c) other products displayed on the eStore from time to time,

(collectively, the Products).

1.2 These terms and conditions (Terms) govern your purchase of Products from the eStore and are deemed to incorporate:

(a) the general terms of use for CA ANZ’s websites, located at https://www.charteredaccountantsanz.com/terms-of-use (Terms of Use); and

(b) CA ANZ’s privacy policy, located at https://www.charteredaccountantsanz.com/privacy-policy (Privacy Policy).

1.3 Accessing the eStore is conditional upon your acceptance of these Terms.  If you do not accept these Terms, you must refrain from using the eStore or making a purchase from the eStore, however, your browsing of the eStore will still be governed by the Terms of Use and the Privacy Policy.

1.4 In the event of any inconsistency between these Terms and the Terms of Use, these Terms will prevail.

1.5 If you are under the age of 18:

(a) you must have all necessary parental consent; and

(b) you acknowledge that, despite being a minor, you fully understand and agree to be bound by these Terms.

2. Registration and Conduct

2.1 To access some of the functionality of the eStore, including purchasing Products, you will need to:

(a) create an eStore account, by either:

(i) using your CA ANZ member login details; or

(ii) where you are not a CA ANZ member, register as a guest user by creating an account profile here by entering your first name, surname and email address; and

(b) be capable of forming a legally binding contract; and

(c) accept these Terms.

2.2 You acknowledge and agree that:

(a) you are solely responsible for the use of your eStore account, including:

(i) ensuring that your password and login information is securely maintained; and

(ii) all activities that occur under the account;

(b) if you purchase the Products as an individual that you will be the only individual viewing;

(c) it is your responsibility to provide and maintain accurate, current and complete information for your account;

(d) any information that you provide in connection with the eStore will be held, used and disclosed by CA ANZ in accordance with the Privacy Policy;

(e) you must immediately notify CA ANZ of any unauthorised use of your account or any suspected or actual breach of security in connection with your account;

(f) you must act in a manner which is safe, respectful, responsible and lawful at all times.  This means that all of your interactions must be respectful and inclusive.  CA ANZ does not tolerate any form of trolling, online abuse, rude or discriminatory conduct or behaviour; and

(g) you must act in a manner that complies with CA ANZ’s professional regulations and does not contravene your professional obligations.

2.3 You must not:

(a) allow or give access to other individuals to the Products that you purchase as an individual;

(b) misuse the eStore by knowingly introducing viruses, Trojans, worms or other material which is malicious or harmful;

(c) attempt unauthorised access to the eStore or any server, computer or database connected to the eStore; 

(d) attack the eStore via a denial of service attack, distributed denial of service attack or other similar means;

(e) make contributions or post content which is:

• disrespectful, offensive or obscene;
• bullying, intimidating, abusive or harassing;
• irrelevant;
• sexist, racist, malicious or discriminatory;
• hateful, pornographic, incites violence, or contains nudity or graphic or gratuitous violence or any other content considered unsuitable for a general audience;
• defamatory;
• illegal, fraudulent, misleading or deceptive;
• promotes political interests;
• an impersonation of another person or organisation;
• an unauthorised disclosure of personal or confidential information; or
• an infringement of intellectual property rights.

2.4 CA ANZ is not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the eStore or use of the Products.

2.5 CA ANZ reserves the right to remove content that does not comply with these Terms and to remove you from specific groups, webinars, events or remove access to Products that you purchase if you breach these Terms.

3. Orders

3.1 You may order Products by selecting and submitting your order through the eStore.

3.2 Any order placed through the eStore for a Product is an offer by you to purchase the particular Product at the Price (defined at clause 7.1 below) notified (including, all applicable delivery and other charges and taxes) at the time you place the order.  While CA ANZ may take certain preliminary procedural steps, including processing your order, issuing an order number and/or charging your payment method, CA ANZ does not actually accept your offer until CA ANZ has confirmed availability and delivered your Product.  If CA ANZ needs to cancel your order, CA ANZ will do so in accordance with these Terms.

3.3 Each order placed for Products through the eStore that CA ANZ accepts will result in a separate binding agreement between you and CA ANZ for the supply of those Products.

3.4 You acknowledge that:

(a) subject to clause 3.4(b), you may purchase multiple Products through the eStore;

(b) you must not use the eStore to purchase Products for more than one person or attendee in one transaction. 

(c) CA ANZ will have no liability to you for any delays or losses resulting from you providing CA ANZ with inaccurate, incomplete or out of date information.  CA ANZ may charge you using your payment method for any costs incurred by CA ANZ in rectifying your order;

(d) once you have placed your order, you cannot cancel or revoke your order, unless expressly provided for in these Terms, or otherwise agreed to by CA ANZ in writing;

(e) the transmission of your order or the confirmation of any payment, made through an electronic instruction may not be received by CA ANZ for reasons beyond either party’s reasonable control; 

(f) CA ANZ may act on and process all completed electronic instructions transmitted or issued through the eStore without further consent from or reference to you; and 

(g) CA ANZ may treat an electronic instruction as authentic and CA ANZ is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy or completeness of such electronic instructions.

3.5 Where you use your eStore account to order a Product for a person other than you, you acknowledge and agree that:

(a) you have the necessary consent and authority from the other person to order the Product (including privacy consents);

(b) CA ANZ may, in its sole discretion, reject an order for the other person under clause 3.6; and  (c) the other person must present appropriate identification when attending the Activity or redeeming the Product.

3.6 CA ANZ reserves the right to accept, reject or cancel an order for any reason or no reason, including, without limitation, unavailability of Products, an error in the Price, image or Product description, or an error in your order.

3.7 If CA ANZ rejects or cancels an order placed through the eStore, CA ANZ will endeavour to notify you of that rejection or cancellation at the time you place the order or within a reasonable time after you submit your order.  If your credit card is charged for the purchase and CA ANZ subsequently rejects and / or cancels the order, CA ANZ will notify you and credit your credit card account for the amount charged or contact you to arrange a suitable refund method should that credit card no longer be valid.

3.8 From time to time, you may be redirected to a third party website to complete your purchase, and you may be asked to accept third party terms and conditions as a condition to ordering the Product.  In such instances, your acceptance of those third party terms and conditions is between you and the relevant third party.

4. Products

4.1 The eStore Products are intended for personal use only, in normal and reasonable quantities.  Unless indicated on a particular Product, you, or the person nominated under clause 3.5 must not redistribute, share or otherwise provide others with access to the Products and you acknowledge that if CA ANZ becomes aware that you have redistributed, shared or otherwise provided access to the Products to third parties that CA ANZ reserves the right to remove your access to the Products, suspend your use of the eStore or take any other action that it deems necessary.

4.2 While CA ANZ will take reasonable steps to ensure the availability of the eStore and the accuracy of the information displayed there, the eStore and its contents are necessarily provided on an “as is” and “as available” basis.  CA ANZ reserves the right to correct any errors published on the eStore and to suspend access to the eStore, without notice.

4.3 Where you purchase an Activity, you acknowledge and agree to the additional terms in clause 5.

4.4 eStore Products must be consumed within 3 months for currency and relevance and are only available for up to 3 months from the date of purchase.  Some Activities and Products (eg face to face event activities) must be consumed within 3 months and will not be available after that time.  You acknowledge that there may be changes in currency and relevance relating to a Product within the periods specified in this clause and that you will not rely on the Product as being current and relevant where changes are made during the specified periods.

4.5 You acknowledge that most Products available on the eStore will expire within 3 months from the date of purchase and may not be able to be viewed or accessed after that time.

4.6 Third party terms and conditions (including those of our Learning Partners) may differ.  You may separately need to agree to additional terms and conditions of our Learning Partners to access some of the Products from the eStore.  These third party terms are subject to change at such third party’s discretion.

5. Activities

5.1 The following additional terms apply where you purchase an Activity.

General

5.2 If, after receiving your order and payment for an Activity, CA ANZ exercises its discretion and does not accept your order for an Activity under clause 3.6, CA ANZ will refund the Price in accordance with clause 11.

5.3 Where:

(a) CA ANZ has provided a written invitation to you to attend an Activity; and

(b) the invitation waives the requirement for you to register for the Activity and / or the Price for the Activity,

you must confirm your wish to attend the Activity to CA ANZ within the time specified in the invitation (if any).

5.4 Where the Price of the Activity is changed under clause 7 then: 

(a) a registration for an Activity which has been confirmed by CA ANZ in writing before the change in Price will remain registered and the Price will remain as confirmed in the original registration; 

(b) subject to clause 5.4(c), a registration for an Activity which has not been confirmed by CA ANZ in writing before the announcement of such a change in Price will be cancelled and CA ANZ will refund you the Price for the Activity upon receipt of a written request by you for a refund; and

(c) if notwithstanding the increase in the Price, you elect to proceed with your registration for the Activity, you must pay the difference in the Price to CA ANZ in order for your registration to be confirmed by CA ANZ.

5.5 To receive the relevant materials and catering requirements for the Activity, you must register by 5.00 pm, 5 working days before the Activity.  Where you register for an Activity after this time, you acknowledge and agree that materials and catering requirements for the Activity cannot be guaranteed for these last minute registrations.  In such circumstances, CA ANZ will endeavour to forward materials to you or the relevant Delegate (defined at clause 5.8 below) after the Activity through the channels described in clause 9.

5.6 CA ANZ reserves the right to refuse your admission to, or ask you to leave, an Activity, where it is reasonably necessary to protect the legitimate interests of CA ANZ, including where you have failed to comply with these Terms or in the opinion of CA ANZ you represent a security risk, nuisance or annoyance to the running of the Activity.

5.7 You agree to comply with all reasonable instructions issued by CA ANZ or the venue operators at an Activity.

Delegate

5.8 Where continuous professional development (CPD) qualifying hours are relevant to an Activity, the person who purchases or otherwise registers for an Activity through the eStore (the Delegate) must attend the entire Activity in order to qualify for the allocated CPD qualifying hours .

5.9 Where specified, Activity sessions are allocated CPD qualifying hours on a per-hour basis.

Media and Photography

5.10 You are not permitted to photograph, film, record or otherwise transmit any audio or visual material, data at or in connection with an Activity unless you have CA ANZ’s prior written consent.

5.11 You understand and acknowledge that:

(a) you may be photographed, filmed or otherwise recorded (Recordings) by CA ANZ, media or any other third party at an Activity; (b) CA ANZ may provide the Recordings to third parties (such as journalists, advertising agencies and media outlets) for use or distribution; and (c) you will not receive any payment in relation to the use, publication or distribution of any Recordings.

5.12 By being present at an Activity, you:

(a) agree that CA ANZ has absolute rights of ownership of any Recordings taken by or on behalf of CA ANZ at an Activity;

(b) agree that the Recordings may be used by CA ANZ for various purposes, including but not limited to, promoting our activities, in CA ANZ’s advertising materials, newsletters, on social media and anywhere on CA ANZ’s websites; and

(c) hereby release CA ANZ, its officers employees, affiliates, licensees, agents and assignees (Related Parties) from any and all present and future liabilities, including but not limited to: 

(i) claims, demands or suits;

(ii) losses or damages of any kind excluding those caused by or resulting from any wrongful, wilful or negligent act or omission of CA ANZ or any of its Related Parties; or 

(iii) any indirect, incidental, special or consequential damages, including but not limited to loss of profits or anticipated profits, loss of goodwill or loss of reputation, even if notified of the possibility of such potential loss or damage, that may arise out of you participation at an Activity, or as a result of CA ANZ’s use of any Recordings in which you are in any way depicted and/or identified.

6. Payment Terms

6.1 Payments for Products must be received in full for the Products that you wish to purchase before your order is accepted by CA ANZ.

7. Prices

7.1 The price of Products (including all applicable delivery and other charges and taxes) is as set out on the eStore at the time of paying for the Product, as amended from time to time and subject to these Terms, (Price).

7.2 All Prices:

(a) are displayed in Australian dollars when you access the eStore; 

(b) include GST unless indicated otherwise (for example where the relevant Products do not attract GST), but are otherwise exclusive of all taxes; and

(c) exclude value added tax chargeable in the United Kingdom pursuant to the Value Added Tax Act 1994 (VAT).

7.3 All amounts that are payable by you to CA ANZ and which constitute, in whole or in part, consideration for a supply or supplies which are subject to VAT:

(a) which CA ANZ (or the representative member of its VAT group) is required to account for to the relevant tax authority, shall be exclusive of VAT and, accordingly, CA ANZ shall charge VAT to you in addition to any fees or other payment to which the VAT relates, at the prevailing rate;

(b) which you (or the representative member of your VAT group) are required to account for to the relevant tax authority, shall be exclusive of VAT and, accordingly, you shall account to the relevant tax authority under the reverse charge mechanism (or equivalent) for such VAT in addition to the consideration paid for the relevant supply or supplies.  For the avoidance of doubt, no payment shall be required by CA ANZ in respect of any VAT for which you are required to account for to any tax authority under the reverse charge mechanism or similar.

7.4 Where any supplies or services provided by CA ANZ to you are subject to VAT, CA ANZ shall provide you with a VAT invoice in respect of the consideration payable by you for such services or supplies.

7.5 You and CA ANZ shall cooperate fully together in providing any documentation, certification or information relating to VAT as reasonably requested by either party.

7.6 You acknowledge and agree that discounted Prices and certain Products may only be available to the persons specified in clause 8.

7.7 You may only make payment by a valid Visa or Mastercard, credit card or payment voucher issued by CA ANZ, which may be subject to additional merchant fees and processor terms.  If CA ANZ or its nominated payment processor is unable to deduct the total amount owing to CA ANZ from your credit card in one transaction, CA ANZ may process any number of transactions on your credit card until the total amount is paid.

7.8 CA ANZ reserves the right to change the Price of the Products at any time without prior notice.

8. Discounts for Activities

8.1 You may be entitled to receive discounts in respect of your purchase of eligible Activities.

8.2 Where a discount is available in respect of an Activity, (such as the early bird and regional discounts set out in this clause 8) you may be required to use a discount code at check out.  Applicable discount codes will be provided on the Product description.

8.3 You may only redeem one discount in respect of each eligible Activity.  Where you are eligible for multiple discounts, you must select the discount that you wish to receive by using the relevant discount code at the checkout.  For clarity, discount offers cannot be combined for any one Activity.

8.4 CA ANZ may, at any time, audit any order for an Activity to which a discount is applied.  Where such audit reveals:

(a) a fraudulent receipt of a discount; or

(b) selection of a discount where eligibility cannot be proven;

you must repay the discounted amount and CA ANZ may refer you to the relevant professional conduct committees or tribunals in accordance with CA ANZ’s constitution and member guidelines.

8.5 The following eligiibility rules apply to the specified discount type:

(a) Regional Discount: if you live in a regional area, as determined by CA ANZ, you are eligible for a discount for qualifying face to face CPD Products (Regional Discount).  Regional Discounts will be indicated on the Product description of eligible Products:

(b) Early bird offer: where the Price is paid in full before the early bird closing dates (as indicated on the relevant page on the eStore for the Activity), a 10% discount is available; and

(c) SIG discount: Delegates from the following Special Interest Groups (SIG) are eligible for a 20% discount off the full member Price for that Activity:

(i) Forensic Accounting SIG subscriber who hold a current subscription to the Forensic Accounting SIG;

(ii) Business Valuations SIG subscriber who hold a current subscription to the Business Valuations SIG;

(iii) Financial Planning Chapter member who hold a current subscription to the Financial Planning Chapter; and

(iv) IT/XBRL SIG subscribers who hold a current subscription to the IT/XBRL SIG.

9. Delivery of Product

Electronic delivery

9.1 Due to the nature of the Products, CA ANZ will generally deliver access to the Products electronically, via a secure link to your email address supplied when you order the Products.  Where Products are delivered electronically, CA ANZ will provide use and access instructions within the email or via a secure link.

9.2 CA ANZ uses all reasonable efforts to deliver Products within 5 working days of the purchase date.  However, CA ANZ does not warrant that this timeframe will be met.

Physical delivery

9.3 Where you require physical delivery of a Product, CA ANZ provides no warranty as to delivery time; and

9.4 CA ANZ is not liable for any loss or damage resulting from late delivery or non-delivery (including, without limitation, where it arises due to you providing inaccurate, incomplete or out of date information) and late delivery does not entitle you to cancel your order.

10. Refunds and Returns for Products

Where you purchase a Product, other than an Activity, the following terms shall apply to refunds and returns:

10.1 Subject to clause 12, no refunds are provided for incorrect choices or change of mind.

10.2 Should you receive an incorrect Product or faulty link to a Product, please contact CA ANZ within 10 days of receipt and CA ANZ will arrange to either:

(a) exchange the Product; or

(b) re-issue a link to the correct Product.

10.3 CA ANZ may require you to provide an appropriate proof of purchase before offering to re-issue or exchange the Product.  Any refund will be made using your original payment method or such other method at CA ANZ’s discretion.

10.4 Subject to clause 12, webinars, workshops and other recordings are non-refundable once downloaded.

10.5 You acknowledge that for booking for live events (conferences etc) that you do not have a right to cancel once you have booked other than at CA ANZ’s discretion.

10.6 Except under clause 10.4, you must contact CA ANZ to claim a refund, exchange, credit or for further information in connection with the Products.

10.7 CA ANZ intends to run live programs as advertised, but reserves the right to change the programs without notice and to cancel if there are insufficient registrations.

11. Refunds and Returns for an Activity

Where you purchase an Activity, then the following terms shall apply to refunds and returns in addition to those terms in clause 10:

11.1 If CA ANZ determines that you are entitled to a refund in respect of cancellation of an Activity, the Price will be refunded and credited to the relevant credit card from which the Price was paid.  If it is not possible to refund the credit card, we will refund the Price to the purchaser’s nominated bank account.

11.2 If you wish to cancel your registration for an Activity, you must do so by contacting us using the details set out in clause 17.8 (Notification).  The Notification must include your membership details (if applicable) and comply with any other applicable requirements of CA ANZ or the third party business education provider (Third Party Provider) (if applicable).

11.3 Subject to clauses 11.7 and 11.8, if the Notification is received by CA ANZ 7 days or more before the date of the Activity (Final Cancellation Date), CA ANZ will refund you the Price less any reasonable administration costs (as determined by CA ANZ, in its sole discretion and acting reasonably).  As a result of the administrative, third party and other costs incurred by CA ANZ, no refunds will be provided for cancellations received after the Final Cancellation Date.  If the Activity for which you have registered, consists of multiple activities (a Multi-Event Activity), including, without limitation, update subscriptions, series, packages and blended learning, the Final Cancellation Date for such Multi-Event Activities is 7 days before the date of the first activity within that Multi-Event Activity.  As a result of the administrative, third party and other costs incurred by CA ANZ, no refunds (in whole or in part) will be provided for Multi-Event Activities once they have commenced.  Amounts to be refunded cannot be credited or otherwise applied towards future Activities.  Exceptional cases will be taken into consideration and reviewed by CA ANZ for qualification of refund after the Final Cancellation Date.

11.4 Subject to clauses 11.7 and 11.8, you may apply to transfer to another Activity offered at the Activity which you originally registered for (including, but not limited to, sessions, luncheons, workshops, presentations, seminars or any other Activities at the Activity) by notifying CA ANZ, in writing using the details set out in clause 17.7 by close of business on or before the Final Cancellation Date.  Transfers are subject to availability and payment of the difference of the Price for the Activity to which you have transferred.  You cannot apply for a transfer to another Activity if the Activity for which you registered is a Multi-Event Activity, and that Multi-Event Activity has already commenced.

11.5 CA ANZ will not grant you a refund if you or the relevant Delegate fails to attend an Activity which you have registered for and was not cancelled by you in accordance with this clause 11.

11.6 If you or the Delegate wish to send an alternate Delegate to an Activity (Substitute), you must make a request to CA ANZ in writing using the details in clause 17.8 by close of business on the Final Cancellation Date.  The registration of a Substitute may be:

(a) subject to additional fees, including, but not limited to, changes to the Price (for example, where the Substitute is not a member or would not be entitled to a discount in clause 8); and

(b) subject to CA ANZ’s sole discretion, provided that CA ANZ acts reasonably in the circumstances.

Where a Substitute is rejected by CA ANZ, CA ANZ will provide notice in writing setting out the reasons why the Substitute has been rejected.

11.7 Where a Substitute is accepted by CA ANZ, any relevant CPD qualifying hours will be allocated to the Delegate which has been approved as a Substitute by CA ANZ.

11.8 For cancellations and/or transfer of Public Practice Program Activities (PPP Activities or PPP Activity), the following cancellation terms apply:

Registration Cooling Off Period for PPP Activities

(a) Subject to clauses 11.8(d) to 11.8(i), a cooling off period of 3 months (Cooling Off Period) applies.

(b) Cancellations received in writing within the Cooling Off Period will be eligible for a full refund of the Price.

(c) As a result of the administrative and third party and other costs incurred by CA ANZ, cancellations received following the Cooling Off Period will not be entitled to a refund of the Price. Commencement of a PPP Activity

(d) Notwithstanding clause 11.8(a), cancellations received once a PPP Activity has commenced will not be entitled to a refund of any Fees paid.  For clarity, access to any e-learning component of the program will be deemed to be a commencement of a PPP Activity.

(e) Requests to defer a face-to-face component of a PPP Activity (Workshop) received in writing between 7 and 14 days (inclusive) before the date scheduled for the Workshop will be subject to a AU$500,00 deferral administration fee, (such amount representing CA ANZ’s reasonable administration costs).

(f) Requests to defer a Workshop received in writing less than 7 days before the date scheduled for the Workshop will be subject to an AU$800,00 deferral administration fee, (such amount representing CA ANZ’s reasonable administrative costs).

(g) Where an individual or firm has been granted an exemption after commencement of a PPP Activity, only the unused components of the PPP Activities will be refunded.

Unsuccessful completion of a PPP Activity

(h) You will not be entitled to a refund if you are unable to proceed with the PPP Activity due to unsuccessful completion of an e-learning component of the program.

(i) CA ANZ may, in its sole and absolute discretion, grant (or deny) you the right to re-sit an e-learning component of the program, following a written request by you.  Re-sits may be subject to an administration fee (such amount representing CA ANZ’s reasonable administrative costs) which must be paid in full before you will be eligible to re-sit the relevant component.

12. Liability

Limitation of Liability

12.1 To the maximum extent permitted by law but subject always to clauses 12.2 to 12.4 (inclusive):

(a) the eStore and the Products are provided to you:

(i) subject to clause 4.2; and

(ii) without any representation or endorsement and without warranty or guarantee of any kind;

(b) CA ANZ excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in these Terms;

(c) CA ANZ does not guarantee, nor shall it be liable to you for any loss or claim (or those of a third party) in connection with:

(i) the accuracy, completeness or timeliness of the content on the eStore;

(ii) continuous, uninterrupted or secure access to the eStore or that its servers are free from viruses (including malware or spyware), bugs or other destructive properties or that defects will be corrected; or (iii) that the operation of the eStore will be uninterrupted or error free;

(d) under no circumstances will CA ANZ be liable for any indirect, incidental or consequential loss or damage arising in relation to:

(i) any transaction entered into with you; or

(ii) any Products purchased by you, 

through the eStore; and

(e) if CA ANZ is liable to you under these Terms and Conditions, CA ANZ’s liability is limited to the cost of the Product purchased by you.

Application of consumer guarantees

12.2 The Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) and the Consumer Guarantees Act 1993 (NZ) and the equivalent legislation in any other jurisdictions in which the Products are purchased (Consumer Law) provides consumers with certain ‘consumer guarantees’.  These guarantees apply where the goods and services CA ANZ supplies to you are of a kind ordinarily acquired for personal, domestic or household use and are not re-supplied by you.

12.3 Where our liability with respect to any statutory rights under the Consumer Laws cannot be excluded, but may be restricted or modified by agreement, our liability is limited to:

(a) in the case of a supply of goods, our choice of replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or, paying the cost of having the goods repaired, and

(b) in the case of a supply of services, our choice of supplying the services again; or, paying the cost of having the services supplied again.

12.4 Nothing in these Terms is intended to exclude, restrict or modify any rights that you may have under any applicable legislation, which may not be excluded, restricted or modified by agreement.

12.5 If any provision of these Terms is rendered or deemed to be illegal, void or unenforceable, then:

(a) under Australian Consumer Law where the offending provision can be read down so as to give it a valid and enforceable operation, it must be read down to the minimum extent necessary; and

(b) in any other case and in all cases under the New Zealand Consumer Law, the offending provision must be severed from these Terms and/or the third party terms (if relevant), in which case the remaining provisions will operate as if the severed provision had not been included.

Members’ Liability

12.6 You acknowledge and agree that:

(a) CA ANZ is an Australian registered body corporate which is formed in Australia; and

(b) the members of CA ANZ are not liable for the debts and liabilities of CA ANZ.

13. Indemnity

General

13.1 You agree to indemnify and hold harmless CA ANZ from and against any losses or claims arising out of or in connection with your:

(a) breach of these Terms;

(b) violation or breach of any laws (including any act of fraud by or on behalf of you); or

(c) infringement of the rights of CA ANZ or any third party.

13.2 For the avoidance of doubt, the indemnity in clause 13.1 will extend to any losses or claims CA ANZ may suffer as a result of the use by third parties of your account.

Activity Indemnity

13.3 You agree to fully indemnify and hold CA ANZ, 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 CA ANZ and/or its representatives arising out of or in connection with the Activity other than to the extent caused or contributed to by CA ANZ, including, but not limited to: 

(a) a breach of these Terms by you; 

(b) your use of the Activity venue or attendance at the Activity; 

(c) any damage by your act or omission to the Activity venue or any goods located at the Activity venue; or 

(d) your infringement of any CA ANZ IP , third party or Third Party Provider Intellectual Property Rights or other right of any Third Party Provider or third party.

14. Access on mobile devices

14.1 If you are accessing the eStore using a mobile device or phone (Device), some of the Products may be limited or restricted.

14.2 You acknowledge and agree that your access to the eStore and use of any Product on your Device may be subject to separate charges imposed by your mobile phone service provider, such as data usage charges and phone charges, for which you will be solely responsible.

15. Intellectual Property

Copyright and Trade Marks

15.1 The eStore and its contents contain copyright materials and registered and unregistered trademarks owned by CA ANZ, or in the case of some materials, owned by third parties.  This content is subject to intellectual property rights under the laws of Australia and, through international treaties, other countries.

15.2 You must not copy, or print out a copy of parts of the eStore for a commercial or business purpose.

Where you wish to copy or print out a copy of parts of this website, then you must:

(a) not modify the copy from how it appears on the eStore; and

(b) include an appropriate copyright notice on the copy.

15.3 You must not use any registered or unregistered trademarks contained on the eStore, except as expressly permitted by clause 15.2, by law or with the prior written consent of CA ANZ.

15.4 You must not reproduce, transmit (including broadcast and publishing online), adapt or otherwise exercise in the whole or any part the copyright or trade marks contained on the eStore for any other purpose, except as expressly permitted by clause 15.2, by law or with the prior written consent of CA ANZ.

Intellectual Property

15.5 You acknowledge and agree that in the course of attending an Activity, or otherwise in connection with your use of Product, CA ANZ and/or a Third Party Provider may provide you with access to certain industrial and intellectual property rights anywhere in the world, including patents, trade marks, design rights, trade or business names, copyright (including rights in computer software and databases), inventions, know-how, secret formulae and processes, customer lists, domain names, goodwill and moral rights, whether registered or unregistered and including all common law and statutory rights attaching thereto (Intellectual Property Rights) owned by, or licensed to, CA ANZ or a Third Party Provider, including any updates, upgrades, enhancements, modifications, revisions or additions made to such Intellectual Property Rights (CA ANZ IP).

15.6 Nothing in these Terms or any other terms in connection with an Activity operates to transfer any CA ANZ IP to you.

15.7 Subject to these Terms, CA ANZ hereby grants to you, and you accept, a limited, personal, non-exclusive, non-transferable and revocable licence to use the CA ANZ IP for your own personal use and only as authorised in these.  You must not use the CA ANZ IP for any commercial purpose or in any way not expressly permitted by these Terms.  Your access to the CA ANZ IP is licensed, not sold and is subject to any additional conditions, limitations or restrictions CA ANZ or a Third Party Provider may disclose to you from time to time.  You must not, and not allow any person to, edit, copy, reverse engineer, decompile, create a derivative work of, de-code, interfere with, or in any way disassemble, copy, modify, reproduce, adapt, tamper with or re-sell CA ANZ IP or Third Party Provider IP.

16. Third party sites

16.1 The eStore may contain hyperlinks to and content from third party sites, which are provided solely for your convenience and do not indicate CA ANZ’s endorsement of the site(s) or the products or services provided by those third parties.

16.2 You acknowledge and agree that:

(a) these Terms do not cover the sale of any products or services by third parties to you where such products are not purchased through the eStore; 

(b) CA ANZ is not responsible for the condition or the content of third-party sites as they are not under its control;

(c) your access to third party-sites and use of their products and services is solely at your own risk; and

(d) in accessing third party-sites and using the products and services therein, you must adhere to any and all terms and conditions of use as specified by those sites.

17. General

Entire Agreement

17.1 These Terms together with any additional Product terms set out on the eStore from time to time, constitute the entire agreement between you and CA ANZ with respect to your use of the eStore and purchase and use of the Products, and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the eStore and the Products.

Invalidity

17.2 If any provision of these Terms is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms in any other jurisdiction shall not be affected.

No Waiver

17.3 No failure to exercise nor any delay in exercising by CA ANZ of any right, power, privilege or remedy under these Terms shall impair or operate as a waiver thereof in whole or in part.  No single or partial exercise of any right, power, privilege or remedy under these Terms shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.

Governing law

17.4 These Terms are governed by, and construed in accordance with, the laws of New South Wales, Australia.  You are deemed to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia for any cause of action relating to or arising under these Terms.

17.5 CA ANZ makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia or New Zealand.  If you access this site from outside Australia or New Zealand, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.

Use of information

17.6 Any information, ideas, concepts, know-how or techniques provided by/obtained from you, or your use of the eStore, shall be deemed to be non-confidential and CA ANZ shall be free to reproduce, use, disclose and distribute the information to others without limitation.

Variation

17.7 CA ANZ may, from time to time, amend or update these Terms without notice to you.

Contact

17.8 If you would like to contact CA ANZ in relation to the eStore, please contact the Customer Service Centre on (AU) 1300 137 322 or (NZ) 0800 4 69422 with any notices in writing to be sent to [email protected].

18. Consumers based in the United Kingdom

18.1 For the purposes of this clause 18 only, you are a "consumer" in the United Kingdom if you are buying from our eStore as an individual for purposes wholly or mainly outside of your trade, business, craft or profession.

18.2 If you are a consumer that is resident in the United Kingdom, the following terms shall apply to your use of the eStore and shall take precedence over any conflicting provisions in the above Terms:

(a) you may cancel an order for physical goods within 14 days of the date upon which you receive the physical goods.  You will be required to return the goods to CA ANZ at your cost and within 14 days of receipt of the goods CA ANZ will refund the price you paid for them (less a deduction for any damage or unreasonable use made of the same);

(b) you acknowledge that for bookings for live events (conferences etc) you do not have a right to cancel once you have booked other than at CA ANZ’s discretion;

(c) where you have purchased digital content you have 14 days from the date of your order confirmation email to change your mind and cancel your order.  However you lose your right to cancel once you access (by downloading, streaming, watching etc) the digital content and will not be entitled to a refund in such circumstances unless the digital content is faulty;

(d) any goods or digital content that CA ANZ provides to you must be as described, fit for purpose and of satisfactory quality.  Any services that CA ANZ provides to you must be provided with reasonable care and skill;

(e) during the expected lifespan of any goods that you have purchased from CA ANZ, you are entitled to the following:

• Up to 30 days - If your goods are faulty, you can get an immediate refund.
• Up to 6 months - If the goods cannot be repaired or replaced, then you are entitled to a full refund in most cases.
• Up to six years - If the goods do not last a reasonable length of time, you may be entitled to some money back.

(f) if a service is not carried out with reasonable care and skill, you can ask CA ANZ to repeat the service or to fix it, or get some money back if CA ANZ cannot fix it;

(g) if your digital content is faulty, you are entitled to a repair or a replacement.  If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience to you, you can get some, or all, of your money back;

(h) if you can show that a fault in the digital content has damaged your device and CA ANZ has not used reasonable care and skill, you may be entitled to a repair or compensation;

(i) if there is a problem with any goods, services or digital content you have purchased from CA ANZ, please contact us as soon as reasonably possible;

(j) this is a summary of some of your key rights.  They are in addition to your cancellation rights set out above.  For more detailed information on your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133;

(k) if CA ANZ breaches these Terms or is negligent, it is liable to you for foreseeable loss or damage that you suffer as a result.  By ‘foreseeable’ CA ANZ means that, at the time the contract was made, it was either clear that such loss or damage would occur or you and CA ANZ both knew that it might reasonably occur, as a result of something CA ANZ did (or failed to do);

(l) CA ANZ is not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by CA ANZ’s breach or negligence, or any business loss or damage, no for any failure to comply with the Terms because of circumstances beyond CA ANZ’s reasonable control;

(m) nothing in these Terms excludes or limits CA ANZ’s liability for any death or personal injury caused by its negligence, liability for fraud or fraudulent misrepresentation, or any other liability that English law does not allow CA ANZ to exclude or limit;

(n) where you are located in the United Kingdom, these Terms are governed by, and construed in accordance with, the laws of England.  You are deemed to submit to the non-exclusive jurisdiction of the courts of England for any cause of action relating to or arising under these Terms.  You may choose to bring a claim in the courts of England or in the courts of another party of the United Kingdom in which you live;

(o) the following provisions of the Terms will not apply with respect to consumers resident in the United Kingdom: clauses 5.12(c), 12, 13, 17.4, 17.6.