2018 Mentor Exchange Programme

Terms and Conditions

These terms and conditions (Terms) govern Chartered Accountants Australia and New Zealand ABN 50 084 642 571 (CA ANZ) and each individual who has applied to participate in CA ANZ’s 2018 Mentor Exchange Programme (Programme).  Registration in the Programme is deemed acceptance of these Terms. 

1. The process

(a) Registration ensures your expression of interest can be processed and matched, and that mentoring materials and catering requirements for the Programme's workshop can be provided. Please register by 26 October 2018.

(b) Registrations can be lodged and may be considered after this date if vacancies are available, at the discretion of CA ANZ. Copies of the materials will be provided according to the Programme's schedule for your city.

(c) Any fees for the Programme will be as quoted on the Programme Registration payment page and will be payable in Australian or New Zealand dollars (as indicated on the registration page) and include GST where applicable. Payment of the Registration fee must be received by CA ANZ at the time that you submit your Registration. You can only make payment via a valid Mastercard, Visa or Amex credit card, 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.

(d) Once CA ANZ has received your completed application, together with the required fee, you will receive a confirmation email from us.

(e) It is important for you to understand that CA ANZ cannot guarantee that you will be matched with a mentor/mentee. If CA ANZ is unable to confirm a match for you, we will provide you with a full refund of fees paid. Any refund will be made using your original payment method or such other method at CA ANZ’s discretion.

(f) A minimum of twenty (20) mentors and twenty (20) mentees are required in each location for the Programme to proceed. In the event that these numbers are not reached CA ANZ reserves the right to cancel or reschedule the Programme in accordance with clause 3.

2. Your obligations

(a) You acknowledge and agree to act with integrity at all times, and to be mindful of your reputation and the reputations of CA ANZ, the Programme and the Programme's participants. You must not bring CA ANZ, the Programme and/or a Programme participant into disrepute (in the opinion of CA ANZ), or act or propose to act in such a way that may bring CA ANZ, the Programme and/or a Programme participant into disrepute (in the opinion of CA ANZ).

(b) To ensure the safe, orderly and smooth running of the Programme, CA ANZ reserves the right (but acting reasonably) to refuse your admission to, or to remove you from, the Programme, a Programme event if you:

(i) breach these Terms

(ii) fail to comply with applicable laws; or

(iii) fail to conduct yourself in an acceptable manner, including by representing a safety risk, nuisance or annoyance to the running of the Programme or the event.

In such instances, you acknowledge that you will not be entitled to a refund for any Registration or other fees paid.

(c) You agree to comply with all reasonable instructions provided by CA ANZ or venue operators at Programme events.

3. Cancellations, changes and refunds

(a) You may withdraw from the Programme, however, the refund amount (if any) will depend on when you notify us of your withdrawal and the circumstances resulting in your withdrawal:

(i) you will be entitled to a full refund if you provide CA ANZ with written notice within 30 days after the commencement evening event in your Programme location; and

(ii) as a result of administrative, third party and other costs incurred by CA ANZ, requests for refunds outside these Terms, will only be considered in exceptional circumstances and must be supported by appropriate documentation.

(b) CA ANZ reserves the right, at its discretion, to cancel or reschedule the Programme for any reason, including by changing the Programme's workshop dates, speakers, length of the Programme or to otherwise revise content.

(i) If we cancel the Programme (in whole or in part), we will refund you any registration fees you have paid for the Programme on a pro-rata basis.

(ii) If a change should occur to the Programme's venue or schedule, we will take reasonable steps to notify you of the changes by email and/or by telephone. If as a result of such changes you are no longer able to participate in the Programme, we will refund you any registration fees you have paid for the Programme on a pro-rata basis.

4. No warranties

(a) You agree that the Programme (including any presenters, participants or materials provided in connection with it) do not represent the views of CA ANZ, do not, and are not, intended to provide you with professional, legal or other advice. Any information provided is general only and should not be used, relied upon or treated as a substitute for specific professional advice.

(b) CA ANZ gives no warranty whatsoever as to the accuracy of the information provided in connection with this Programme, the Programme materials, materials referred to in Programme materials or for any other representation given in the course of the Programme or its suitability for you.

(c) You agree that CA ANZ will not be liable under any circumstances for any statement or opinion, or for any error or omission made in connection with this Programme or any direct, indirect, special or consequential claim, cost, loss or damage of any kind, whether for negligence, breach of contract, under statute, or otherwise arising from, or in connection with, decisions, acts or omissions you make as a result of your participation in the Programme, including any reliance on Programme materials.

5. Intellectual Property Rights

(a) The intellectual property rights in the content and materials of the Programme may be held by CA ANZ or a third party (whichever may apply). Nothing in these Terms will provide you with any right, title or interest whatsoever, whether beneficial or legal, in any of the intellectual property in the Programme or the Programme You must not copy, reproduce or distribute any Programme materials in whole or in part, and you must not take any photograph, recording or footage during a Programme event.

(b) You understand and acknowledge that:

(i) you may be photographed, filmed or otherwise recorded (Recordings) by or on behalf of CA ANZ in connection with the Programme, including a Programme event;

(ii) CA ANZ may provide the Recordings to third parties (such as journalists, advertising agencies and media outlets) for use or distribution; and

(iii) you will not receive any payment in relation to the use, publication or distribution of any Recordings.

(c) By being participating in the Programme, you:

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

(ii) 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.

(d) You 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 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. Application of the Consumer Guarantees

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

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

(i) 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

(ii) 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.

(c) 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.

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

(i) 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

(ii) 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.

7. Members’ Liability

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.

8. Indemnities

(a) Notwithstanding any other term of these Terms, whether expressly stated or implied, but to the maximum extent permitted by law, CA ANZ, its employees, agents and contractors will not be liable for, and does not indemnify you against, any indirect, incidental, special or consequential losses or damages, even if notified of the possibility of such potential loss of damage, however they may arise, and without limiting the forgoing, CA ANZ shall not be liable for your loss of profits or anticipated profits, loss of revenue or income, loss of opportunity, loss of goodwill or loss of reputation.

(b) You agree to fully indemnify and hold harmless CA ANZ, its employees, agents, contractors and sub-contractors (Representatives) from and against 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 Programme, including, but not limited to:

(i) your breach of these Terms;

(ii) your attendance at, and participation in, the Programme (and any associated events);

(iii) any damage by your act or omission in connection with Programme; or

(iv) your infringement of any intellectual property or other right of any third party.

9. General

(a) These Terms are governed by 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.

 (b) These Terms together with the Collection Statement provided on the Registration page constitute the entire agreement between you and CA ANZ in respect of the Programme and replace all prior or contemporaneous undertakings or agreements, written or oral, regarding the Programme.

10. Enquiries

(a) If you have any enquires in regards to your application for the Programme please contact CA ANZ via email on [email protected]

(b) For all other enquiries please contact our Customer Service Centre via [email protected] or 1300 137 322.