Chartered Accountants Australia and New Zealand - Website Terms of Use

Date of Last Revision: 13 February 2018

1.               What’s in these Terms?

1.1             These terms tell you the rules for using our Websites (defined below).

1.2             Click on the links below to find out more information on each area:

Website Terms of Use

  • 2 - Who we are and our Websites
    2.1             Chartered Accountants Australia and New Zealand (ABN 50 084 642 571) together with its subsidiaries (CA ANZ, we, us or our) is one of Australia and New Zealand’s leading professional bodies.  CA ANZ exists to further the theory and practice of accountancy, to educate and train its members (Members), and to set high standards of practice and professional conduct to be observed by Members and graduates.

    2.2             CA ANZ operates a number of online websites and applications including:

    2.2.1          www.charteredaccountantsanz.com;
    2.2.2          https://www.acuitymag.com/;
    2.2.3          https://portal.cakairos.net;
    2.2.4          www.youunlimitedanz.com;
    2.2.5          http://artofprosperity.com.au/;
    2.2.6          https://charteredaccountantsanz.force.com;
    2.2.7          https://mylearning.caanz.com; and
    2.2.8          http://store.charteredaccountantsanz.com/.
  • 3 - By using our Websites you accept these Terms of Use
    3.1             Access to the websites set out in Section 2.2 and any other websites, applications or services operated by or on behalf of CA ANZ (or which includes a link to these terms of use) (Websites) is conditional upon acceptance of these terms of use (Terms of Use).

    3.2             These Terms of Use govern your access and use of the Websites, including any software, data, information, content or materials located on, forming part of, or available in connection with, the Websites, and any services provided through or in connection with the Websites. A reference to Websites in these Terms of Use includes a reference to such applications and associated materials and services.

    3.3             Use of the Websites indicates your acceptance of these Terms of Use. Please read them carefully before using the Websites. If you do not agree with these Terms of use, you must immediately exit and not use or access the Websites.

    3.4             By using the Websites you confirm that you are at least 18 years of age. If you are under the age of 18, you confirm that you have the permission of your parent or guardian to use the Websites.
  • 4 - There are other terms that apply to you
    4.1 These Terms of Use are deemed to incorporate CA ANZ’s privacy policy (the Privacy Policy) which is available at http://www.charteredaccountantsanz.com/privacy-policy and on the Websites. You should read the Privacy Policy together with these Terms of Use. The provisions of the Privacy Policy apply as if set out in full in these Terms of Use.

    4.2 You may have also entered into, or been provided with, a collection statement (Collection Statement) if you have submitted personal information to us. The terms of the Collection Statement will also apply to you.

    4.3 Some of the products or services we offer online have separate terms and conditions which govern their acquisition and use (Product T&Cs). These Product T&Cs apply to you if you acquire or purchase such products and services. To the extent of any conflict or inconsistency between these Terms of Use and any applicable Product T&Cs, the applicable Product T&Cs will prevail to the extent of any conflict or inconstancy.
  • 5 - We may make changes to the Websites and to these Terms of Use

    5.1 CA ANZ may from time to time amend, update, or change the Websites, including these Terms of Use. These changes may include to remove or change different functions offered by the Websites. We will endeavour to take reasonable steps to bring any material changes to your attention.

    5.2 Every time you wish to use our Websites, please check and ensure that you understand the Terms of Use that apply at the time. The Terms of Use applicable to your access and use of the Websites are displayed on the Websites at the time you access or use them. By continuing to access or use the Websites after any changes, you will be deemed to have accepted the amended Websites and/or Terms of Use.

  • 6 - We may suspend or withdraw our Websites

    6.1 While we will take reasonable steps to ensure the availability and security of the Websites, you accept that the Websites provided by us are provided on an “as is” basis. We do not warrant that the Websites will be continuously available and will not be liable if the Websites are unavailable at any time or for any reason.

    6.2 We do not represent that the Websites will be error, defect, “bug” or “virus” free, and you should take prudent steps to ensure your own online security and safety.

  • 7 - Rules about how you use our Websites
    7.1             You must only use our Websites in a reasonable manner, consistent with these Terms of Use, the Privacy Policy and any relevant Collection Statement or Product T&Cs, as well as ordinary community standards of behaviour and decency. Under no circumstances may the Websites be used for any illegal purpose, or in a manner likely to cause offence to a reasonable person.

    7.2             You must not use the Websites for any purpose which we consider to be unacceptable. Examples of unacceptable behaviour include, but are not limited to:

    7.2.1          impersonating or otherwise misrepresenting your identity or affiliation with any other person or entity;

    7.2.2          posting, disclosing or transmitting any material that is defamatory, illegal, threatening, harassing, offensive, obscene, misleading or deceptive, or which infringes CA ANZ’s or any third party’s intellectual property or breaches any duty of confidence or contractual obligation owed to CA ANZ or any third party, or otherwise using the Websites for any inappropriate or harmful purpose; 

    7.2.3          sending junk, obscene, indecent, offensive or threatening electronic mail or "spam" to any person or company;

    7.2.4          falsifying or deleting any attributions, legends, or other proprietary designations of origin or source of any content of the Websites;

    7.2.5          conducting, displaying, or forwarding surveys, contests, pyramid schemes, or chain letters;

    7.2.6          interfering with, harming, limiting the functionality of, or disrupting the Websites, or the servers, equipment, systems or networks connected to the Websites or any user of the Websites, or disobeying any requirements, procedures, policies, or regulations of the websites or networks connected to the Websites;

    7.2.7          attempting to gain unauthorised access to the Websites or computer systems or networks connected to the Websites through any means;

    7.2.8          modifying, adapting or amending the Websites, or permitting any third party to modify, adapt or amend the Websites;

    7.2.9          disassembling, decompiling, or reverse engineering (or permitting any other person to do so) all or any parts of the source code which comprises the Websites (or attempting to do so); 7.2.10       sending or uploading any material that contains viruses, worms, trojan horses, time bombs, cancelbots or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

    7.2.11       committing forgery (or attempted forgery), harassing any individual, or harming minors in any way;

    7.2.12       soliciting money, passwords or personal information from any person;

    7.2.13       harming, abusing, harassing, stalking, threatening or otherwise offending others;

    7.2.14       giving any accounting, financial, tax, legal, medical or other professional advice;

    7.2.15       vilifying, insulting or humiliating any person on the basis of race, religion, ethnicity, gender, age, sexual orientation, any physical or mental disability or in any other discriminatory way;

    7.2.16       using the Websites to assist in the conduct of the business of any third party, including by promoting or advertising goods or services, websites, schemes or other matters (unless expressly permitted, for example via Employment Listing Services covered in Section 10); 

    7.2.17       collecting, storing, posting, disclosing or transmitting personal information or data about others, including, without limitation, tax file number information and email addresses; or

    7.2.18       breaching the Privacy Act 1988 (Cth), the Privacy Act 1993 (NZ) or the Australian Privacy Principles, each as applicable and as amended from time to time, or contravening or breaching any other applicable state, Commonwealth or international law, convention or regulation.

    7.3             You acknowledge and agree that: 

    7.3.1          we may immediately suspend or terminate your access to the Websites if you breach these Terms of Use, or we suspect on reasonable grounds that you have breached these Terms of Use or used the Websites for any unacceptable purpose; and 
    7.3.2          such immediate suspension or termination is reasonably necessary to protect the legitimate interests of our business.
  • 8 - Different types of Website users and registration
    8.1             Subject to these Terms of Use, any person may access the Websites via the internet without registering with or disclosing any personal information to CA ANZ (an Unregistered User).

    8.2             Registration on the Websites may be offered by CA ANZ to CA ANZ members, CA ANZ candidates, students, subscribers to various CA ANZ services and/or members of the public (Registered Users). If you wish to become a Registered User, you must provide CA ANZ with certain true and correct information about yourself (User Information), as requested by CA ANZ on the relevant registration page on the Websites. User Information requested by us may include, but is not necessarily limited to: your first name, your last name, your date of birth, your valid personal email address, and any other information that may be required. CA ANZ’s Privacy Policy together with any provided Collection Statement applies to any personal information collected by CA ANZ from Registered Users of the Websites.

    8.3             CA ANZ reserves the right to refuse to register a user of the Websites, or revoke a Registered User’s registration, where it is reasonably necessary to protect the legitimate interests of CA ANZ. We may be unable to register you if you fail to provide the requested information or if you provide the incorrect information. We generally try and provide you with an explanation if we have refused or revoked your registration.

    8.4             You must promptly notify and/or update your User Information if any of your User Information is erroneous or changes from time to time. 
  • 9 - Rules about how you use our Forums
    9.1             Use of our Forums

    9.2             The Websites may allow Registered Users to submit or post data, information, content and other materials to the Websites, including through community or social networking platforms, blogs, chat areas, comments sections or discussion boards (collectively, Forums). Forums may be provided by CA ANZ to CA ANZ members, CA ANZ candidates, students, subscribers to various CA ANZ services and/or members of the public. You must be a Registered User of the Websites before you may provide content to a Forum.

    9.3             Content in Forums, and other parts of the Websites, may involve or be presented in the form of blogs, forums, discussion groups that permit comment or the posting of messages and may only be accessible to Registered Users, or by a closed or private user group, or may be publicly available. You should regard such content as a means of public, not private, communication. You acknowledge and agree that your comments or messages will be available to other users of the community, to CA ANZ and (in some instances) to the general public, and you will be identified publicly by either your username or your first name and surname as the author of any contributions you make. You also acknowledge that certain material included by you as part of your profile for Forums or the Websites generally will be publicly available to users of the Websites, including, but not limited to, your first name, surname and email address.  If you do not want such information to be publicly available, then you should not register with the Websites or the relevant Forum.

    9.4             By accessing or posting to a Forum, you are also agreeing to any other rules of engagement or other terms applying to that Forum (which will be available via that Forum or elsewhere on the Websites). If you fail to abide by these Terms of Use or any other applicable rules of engagement or other terms, or for any other reason we deem appropriate, in our sole discretion, we may immediately without notice to you suspend or terminate your account and your registration, and/or delete any content posted by you on the Websites in order to protect the legitimate interests of CA ANZ. If we suspend or terminate your account or registration, you must not set up any further accounts, re-register or supply any further content to the Websites. 

    9.5             Forum posting rules

    9.6             Forums are intended for use by people who value good manners. Please respect others in your choice of words and thoughts that you post on the Websites. You are solely responsible for (and CA ANZ has no responsibility to you or any third party for) the content of the postings you publish. When publishing to a Forum, you must not:

    9.6.1          engage in any unacceptable behaviour as outlined in Section 7;

    9.6.2          repeat the same line four or more consecutive times;

    9.6.3          type gibberish (random keys);

    9.6.4          repeat the same character excessively;

    9.6.5          use swear words; or

    9.6.6          type in capital letters excessively (it is considered rude to conduct all your conversation in capital letters).

    9.7             CA ANZ will endeavour to ensure postings are appropriate, but will not be liable for any information displayed on Forums or other parts of the Websites, whether offensive to persons or group of persons, upsetting, defamatory, in any way unsuitable for people under the age of 18 years, or otherwise, or for the accuracy of such information.

    9.8             Ownership of posts on our Forums

    9.9             If you choose to submit or post material on a Forum, your profile or any other part of the Websites, you must own or have the right to submit or post that material. You are fully responsible for the material that you submit to the Websites and CA ANZ is in no way responsible or liable for that submitted material, or the fact that, or manner in which, such material is subsequently used (including by any other user of the Websites).

    9.10           CA ANZ does not claim any ownership rights in your material, however, by submitting or posting material anywhere on the Websites you are deemed to grant CA ANZ an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to download, use, modify, distribute, copy, reproduce in a material form, publish, perform or cause to be heard or seen in public, communicate to the public, make an adaptation of and enter into a commercial rental arrangement in respect of that material.

    9.11           All material posted by you in a closed or private group will be taken to be submitted on the basis that:

    9.11.1       each user of the closed or private group is granted a perpetual, royalty-free, non-exclusive, worldwide licence to use, reproduce, publish and communicate to other users of the closed or private group such material in any form and by any means; and

    9.11.2       CA ANZ is granted a perpetual, royalty-free, non-exclusive, worldwide licence to use, reproduce, publish and communicate such material to other users of that closed or private group or any other closed or private group, and to CA ANZ’s directors, employees, agents and contractors (and elsewhere provided that CA ANZ does not identify you as the author and provided further that in the case of groups whose existence is not known to the general public, such material will not be communicated elsewhere if the person posting the material has notified CA ANZ that he or she does not want the material communicated outside the closed or private groups and CA ANZ’s directors, employees, agents and contractors), in any form and by any means, and in submitting material to a closed or private group, you consent to anything being done by CA ANZ and by any user belonging to that or any other closed or private group, in respect of that material that could otherwise amount to an infringement of your moral rights in such material, and warrant that you have obtained such consent from all other authors of such material.

    9.12           CA ANZ may make changes to Forums

    9.13           Your right to use Forums is subject to any limitations, conditions and restrictions established by CA ANZ and CA ANZ may, at its discretion alter, suspend or discontinue any aspect of any Forums or any group at any time. CA ANZ may also impose limits on certain features and aspects of Forums or any group or restrict your access to parts or all of any Forum or group without notice or liability.

    9.14           You agree that, for any material you post on the Websites or any Forum, CA ANZ may (but has no obligation to), for any reason and at its discretion:

    1.14.1       edit or delete your material;

    1.14.2       link your material to other material, including material submitted by other users or material created by CA ANZ and/or other third parties;

    1.14.3       use your material for its business purposes, including to promote, market or advertise this Websites and CA ANZ; and

    1.14.4       directly or indirectly commercially benefit from your material.
  • 10 - Employment Listing Services
    10.1             CA ANZ may provide an employment listing service on its Websites to promote prospective internship, graduate roles and programmes to qualified persons (Listing Service). You may access the Listing Service without becoming a Registered User. However, a Registered User account may be required to become an organisation offering an opportunity via the Listing Service.

    10.2             The purpose of the Listing Service is to connect individuals and organisations, and to explore potential opportunities for internships, graduate programs and employment opportunities.

    10.3             You acknowledge and agree that any material you submit to the Websites in connection with the Listing Service is your own material and you must ensure all material is true and accurate and is not misleading or deceptive or likely to mislead or deceive any person.

    10.4             CA ANZ is in no way responsible or liable for materials submitted by individuals or organisations using the Listing Service, or the fact that, or manner in which, such material is subsequently used.

    10.5             CA ANZ does not specifically endorse or recommend any of the jobs, businesses, organisations or opportunities advertised via Listing Services or otherwise promoted via our Websites. We strongly recommend that, prior to entering into any agreement with any of the organisations listed on the Listing Service, you undertake your own due diligence to see if the opportunity is the right one for you, including to obtain your own independent legal, accounting, financial or taxation advice as appropriate.

    10.6             CA ANZ gives no guarantee to you of the continued availability of any particular opportunity advertised on the Listing Service. While we make reasonable commercial efforts to ensure that opportunities advertised on our Listing Service are for actual vacancies, we give no guarantee to you that every advertisement represents an actual job or other vacancy.

    10.7             Similarly, if you are an organisation using the Listing Service, you acknowledge and agree that CA ANZ does not endorse any particular candidate who may contact you as a result of the Listing Service.  It is your responsibility to carefully and diligently consider individuals and their suitability for any roles.

    10.8             Whether you are an individual or organisation using the Listing Services you acknowledge and agree that it is solely your responsibility to evaluate the accuracy, completeness and usefulness of any information provided via the Listing Services.

    10.9             In no event will CA ANZ be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Listing Service or otherwise on our Websites. 
  • 11 - You must keep your account details safe
    11.1             You acknowledge that the internet is an inherently insecure communication medium, and you use the Websites at your own risk. You agree that we have no responsibility for any use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Websites. 

    11.2             You must keep all usernames, passwords and other security-based information secure and private at all times. We are entitled to assume that you are the user of the Websites if your username, password or other security-based information is used to access the Websites.

    11.3             You agree to notify CA ANZ immediately of any unauthorised use of your usernames, passwords and other security-based information or any other breach of security.
  • 12 - You must not rely on information on our Websites
    12.1             The information on our Websites is provided to you for general guidance only and must not be relied on by you or any other person as a substitute for appropriate professional and other advice tailored to your specific circumstances.

    12.2             CA ANZ does not warrant anything about the reliability, accuracy, currency, completeness, timeliness, quality, physical state or suitability for any particular purpose of any material on or accessible through our Websites and makes no commitment to update any material on our Websites. You are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through our Websites.
  • 13 - We are not responsible for third party website links
    13.1             We may provide links to third parties' websites on the Websites (Linked Sites). Unless otherwise noted on a Linked Site, Linked Sites are not reviewed, controlled or examined by us in any way.  The provision of links to the Linked Sites does not mean that CA ANZ or its directors, officers, employees, agents or related bodies corporate endorse or recommend, or have any association with, the Linked Sites or the relevant third party goods and services.

    13.2             You acknowledge and agree that we are not responsible for the content, availability, advertising, products, services or other materials of any Linked Sites, or any additional links contained on Linked Sites, or the conduct of any person associated with a Linked Site. 

    13.3             Linked Sites may be subject to their own terms and conditions of use and privacy policies. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions, and we have no responsibility for your actions when using a Linked Site.
  • 14 - Our intellectual property rights
    14.1             The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Websites (the Content) is protected by copyright, trade mark and other intellectual property laws, and is owned by and vests in CA ANZ and its licensors.

    14.2             You acknowledge and agree that these Terms of Use do not transfer any right, title or interest in the Content to you. You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit or distribute in any way the Content, except as expressly permitted by the Copyright Act 1968 (Cth) or Copyright Act 1994 (NZ).

    14.3           All trademarks displayed on this Website are either owned or used under licence by CA ANZ and its affiliates.  The CA ANZ logos and name may not be used as part of your business or in connection with any goods or services without the prior written consent of CA ANZ, unless such use is otherwise permitted pursuant to CA ANZ’s constitutional documents or regulations. 
  • 15 - Your statutory rights and consumer guarantee
    15.1             Nothing in these Terms of Use is intended to exclude, restrict or modify any rights that you may have under the Competition and Consumer Act 2010 (Cth), the Consumer Guarantees Act 1993 (NZ) or any applicable legislation which may not be excluded, restricted or modified by agreement (Statutory Rights).

    15.2             If any consumer guarantees under the Competition and Consumer Act 2010 (Cth) and the Consumer Guarantees Act 1993 (NZ) (Consumer Guarantee) apply to any goods or services provided by CA ANZ under these Terms of Use, then, subject to clause 15.1, CA ANZ’s liability for a breach of such Consumer Guarantee, including any economic or consequential loss which you may sustain shall be limited, at the option of CA ANZ, to:

    15.2.1          in the case of services, the supply of the services again, or the payment of having the services resupplied; and

    15.2.2          in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.
  • 16 - Limitation of liability and indemnity by you
    16.1             Without limiting any other provisions of these Terms of Use and subject always to your Statutory Rights, we will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of the Websites including without limitation any viruses or other malicious software that may affect you while using the Websites or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications made using the Websites.

    16.2             Subject to clause 15 and to the maximum extent permitted by law, neither CA ANZ nor any of its officers, directors, employees, agents, affiliates or related bodies corporate shall be liable under or in relation to these Terms of Use, or their subject matter, for any loss or damage, howsoever caused, including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use the material or information available on or accessible through the Websites, even if CA ANZ has been advised of the likelihood of such damages.

    16.3             If, notwithstanding the clause 15, 16.1 and 16.2, CA ANZ is liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, under or in connection with these Terms of Use or your use of this Websites then, subject always to your Statutory Rights, our liability is limited in aggregate to $1,000.

    16.4             You are responsible and accountable for your use of our Websites and, subject to applicable law, you agree to indemnify, defend, and hold harmless CA ANZ, and its officers, directors, shareholders, employees, consultants, agents, affiliates and related bodies corporate against any and all losses, claims, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from your use of the Websites or your failure to comply with these Terms of Use, or from your violation of any applicable laws or rights or any third party. Because we are fair and reasonable, your liability under this clause is reduced to the extent that CA ANZ (or one of our officers, employees and representatives), directly contributed to the loss.
  • 17 - General Matters
    17.1             Circumstances outside our control: CA ANZ shall not be liable by reason of any failure  by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of CA ANZ, including without limitation any form of technological failure or the actions of third parties.

    17.2             Entire agreement: These Terms of Use (including the Privacy Policy and any applicable Product T&Cs), together with any additional rules of engagement or other terms set out on the Websites from time to time, constitute the entire agreement between you and CA ANZ with respect to the Websites, and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Websites.

    17.3             Invalidity: If any provision of these Terms of Use 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 of Use in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms of Use in any other jurisdiction shall not be affected.

    17.4             No Wavier: No failure to exercise nor any delay in exercising by CA ANZ of any right, power, privilege or remedy under these Terms of Use 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 of Use shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.

    17.5             Assignment: You must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights or obligations under these Terms of Use. CA ANZ may assign, transfer, sub-contract or otherwise dispose of any or all of its rights or obligations under these Terms of Use.

    17.6             Governing law: These Terms of Use shall be 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 of Use.

    17.7             Location of operation: CA ANZ operates the Websites in Australia and New Zealand. Information contained on the Websites may not be appropriate or available for use in other locations. If you access the Websites from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.
  • 18 - How to Contact Us
    18.1             All correspondence with CA ANZ, including any queries you may have regarding the Websites or these Terms of Use, should be sent to:

    Chartered Accountants Australia and New Zealand 33 Erskine Street, Sydney, NSW 2000, Australia
    E: service@charteredaccountantsanz.com