Terms of use

Last updated: 7 November 2016

Welcome to the charteredaccountantsanz.com website. This website is one of numerous websites owned and operated by Chartered Accountants Australia and New Zealand (ABN 50 084 642 571) and its subsidiaries (CA ANZ, us or we). Access to this website, or to any other website, application or service operated by or on behalf of CA ANZ or which includes a link to these terms of use (referred to collectively as the Site), is conditional on acceptance of these terms of use (these Terms of Use).

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

Use of the Site indicates your acceptance of these Terms of Use. Please read them carefully before using the Site. If you do not agree to these Terms of Use, you must immediately exit and not access or use the Site.
If you are under the age of 18, you acknowledge that, despite being a minor, you fully understand the content of these Terms of Use and that you have the understanding necessary to use the Site in accordance with these Terms of Use.

1. Access

  • In order to use this Site, you need the equipment and connections necessary to access the World Wide Web. You are responsible for:

    1. the provision of any such connection or access to the World Wide Web;
    2. the payment of any fees associated with such connection or access (such as those charged by an Internet service provider or other online service); and
    3. the provision of all equipment necessary for you to make any such connection to the World Wide Web, including a computer and a modem.
  • CA ANZ may modify, restrict, prevent or withdraw your access to, or use of, all or part of the Site, with or without prior notice to you, for any reason whatsoever, or for no reason, including where you engage in any conduct that CA ANZ believes, in its sole discretion:

    1. violates any term or provision of these Terms of Use;
    2. violates the rights of CA ANZ or any third party; or
    3. is otherwise inappropriate for continued access and use of the Site.

2. System Integrity & User Conduct

  • You must not use the Site to:

    1. impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
    2. post, disclose or transmit 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 use the Site for any immoral or harmful purpose;
    3. send junk, obscene, indecent, offensive or threatening electronic mail or "spam" to any person or company;
    4. falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;
    5. conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
    6. interfere with, harm, limit the functionality of, or disrupt the Site, or the servers, equipment, systems or networks connected to the Site or any user of the Site, or disobey any requirements, procedures, policies, or regulations of the Site or networks connected to the Site;
    7. attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
    8. send or upload 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;
    9. commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
    10. solicit money, passwords or personal information from any person;
    11. harm, abuse, harass, stalk, threaten or otherwise offend others;
    12. give any accounting, financial, tax, legal, medical or other professional advice;
    13. vilify, insult or humiliate any person on the basis of race, religion, ethnicity, gender, age, sexual orientation, any physical or mental disability or in any other discriminatory way;
    14. promote, advertise goods or services, websites, schemes or other matters;
    15. collect, store, post, disclose or transmit personal information or data about others, including, without limitation, tax file number information and email addresses; or
    16. breach the Privacy Act 1988 (Cth), the Privacy Act 1993 (NZ), the Australian Privacy Principles, each as applicable and as amended from time to time, or contravene or breach any other applicable state, Commonwealth or international law, convention or regulation.
  • You must not frame or mirror any part of the Site unless you first obtain our written authorisation.

  • You must not use any spider, robot or other device to index, retrieve, reproduce or modify any part of the Site or to circumvent the Site’s security or structural constraints.

  • You are responsible for maintaining the confidentiality and security of any passwords and/or identification or login information for the Site. You agree to notify CA ANZ immediately of any unauthorised use of your password or any other breach of security.

3. Privacy Policy

These Terms of Use are deemed to incorporate CA ANZ's privacy policy (the Privacy Policy), which is available on this Site and which you should read 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. Forums and public communication

  • The Site may allow users to submit or post data, information, content and other materials to the Site, 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.

  • Content in Forums, and other parts of the Site, 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 persons who are registered to the Site, 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 Site generally will be publicly available to users of the Site, 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 Site or the relevant Forum.

  • You must be a registered user of the Site before you may provide content to a Forum. CA ANZ reserves the right to refuse to register a user of the Site, or revoke a user’s registration, for any reason. CA ANZ’s Privacy Policy applies to any personal information collected by CA ANZ from registered users of the Site. All accounts must be registered with a valid personal email address. Accounts registered with someone else's email address, or with temporary email addresses, may be closed without notice. CA ANZ may require a user to re-validate their account if it believes they have been using an invalid email address.

  • 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 Site). 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 Site. 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 Site.

  • 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 Site. 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:

    1. repeat the same line four or more consecutive times;

    2. type gibberish (random keys);

    3. repeat the same character excessively;

    4. use swear words; or

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

  • 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 Site, 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.

  • If you choose to submit or post material on a Forum, your profile or any other part of the Site, 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 Site 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 Site).

  • CA ANZ does not claim any ownership rights in your material, however, by submitting or posting material anywhere on the Site 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.

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

    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

    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.

  • 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.

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

    1. edit or delete your material;

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

    3. use your material for its business purposes, including to promote, market or advertise this Site and CA ANZ; and

    4. directly or indirectly commercially benefit from your material.

5. Links & Advertising

  • This Site may contain links to third party websites. Those sites are not under the control of CA ANZ and CA ANZ is not responsible for the content or the links contained in those sites. Neither CA ANZ nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party sites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that you enter any third party websites at your own risk.

  • The Site may contain advertisements for third parties' goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither CA ANZ nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Site, you do so at your own risk.

6. Disclaimer of Warranties & Limitation of Liability

  • The Site is provided to you as a general guide 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.

  • You may have rights under statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth) and Consumer Guarantees Act 1993 (NZ), which cannot be excluded, restricted, limited or modified. The exclusions of warranties, and the limitation of liability in this section 6, apply subject to any rights you may have under such laws.

  • Subject to the above paragraphs:

    1. this Site is provided by CA ANZ on an "as is" basis and, to the extent permitted by law, all express and implied warranties, representations and guarantees of any kind are excluded;

    2. the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.

    3. CA ANZ does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

    4. 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 the Site;

    5. CA ANZ may change any of the material on the Site at any time without notice;

    6. CA ANZ makes no commitment to update any material on the Site;

    7. you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Site;

    8. you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site; and

    9. to the maximum extent permitted by law, neither CA ANZ nor any of its officers, directors, employees, agents 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 Site, even if CA ANZ has been advised of the likelihood of such damages.

  • Where the laws of any jurisdiction in which these Terms of Use are effective implies into, or expressly includes in, these Terms of Use any term, condition, guarantee or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them (a Non-Excludable Term), then CA ANZ’s (and its officers’, directors’, employees’, agents’ and related bodies’ corporate) liability for a breach of any such Non-Excludable Term, including any economic or consequential loss which you may sustain shall be limited, at the option of CA ANZ, to:

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

    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.

7. Indemnification

You agree to indemnify, defend, and hold harmless CA ANZ, and its officers, directors, shareholders, employees, consultants, agents, 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 Site or your failure to comply with these Terms of Use, or from your violation of any applicable laws or rights or any third party.

8. Intellectual Property Rights

  • 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 Site (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.

  • 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).

  • The CA ANZ logo and name are the trademarks of CA ANZ, and 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.

9. General

  • CA ANZ may from time to time amend, update, or change the Site, including these Terms of Use, without prior notice. Accordingly, you should ensure that you regularly review these Terms of Use. The Terms of Use applicable to your access to and use of the Site is the current version displayed on this Site at the time you access or use it. By continuing to access or use the Site after such changes, you are deemed to agree to be bound by such changes.

  • CA ANZ shall not be liable by reason of the failure in the performance of obligations under the Terms of Use 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 any form of technological failure or the actions of third parties.

  • These Terms of Use (including the Privacy Policy), together with any additional rules of engagement or other terms set out on the Site from time to time, constitute the entire agreement between you and CA ANZ with respect to this Site, and the Terms of Use replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.

  • If any provision of these Terms of Use is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms of Use shall remain in full force and effect.

  • The failure by CA ANZ to insist upon or enforce strict performance of any of these Terms of Use will not be construed as a waiver of any right or remedy of CA ANZ in respect of any existing or subsequent breach of these Terms of Use.

  • 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.

  • The laws of New South Wales, Australia governs these Terms of Use. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of New South Wales, Australia for any cause of action relating to or arising under these Terms of Use.

  • CA ANZ operates the Site in Australia and New Zealand. Information contained on the Site may not be appropriate or available for use in other locations. If you access the Site from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.

10. Contact

All correspondence with CA ANZ, including any queries you may have regarding the Site or these Terms of Use, should be sent to:

Chartered Accountants Australia and New Zealand
Tower Building, 50 Customhouse Quay
Wellington 6142
E: privacy@charteredaccountantsanz.com