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• 1 - What is in these Terms

  These terms tell you the rules for using our Websites (defined below). Click on the links below to find out more information on each area:

• 2 - Who we are and our Websites

  2.1. Chartered Accountants Australia and New Zealand (ABN 50 084 642 571) together with its subsidiaries and controlled entities including the New Zealand Institute of Chartered Accountants (NZICA), a regulatory body established under the NZICA Act and controlled by CA ANZ is one of Australia and New Zealand’s leading professional bodies. CA ANZ exists to provide world-class education to members (Members), to support Members to make a difference to businesses and communities and to advocate for the public good.

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

  • www.charteredaccountantsanz.com
  • https://www.acuitymag.com/
  • https://charteredaccountantsanz.force.com
  • https://mylearning.caanz.com;
  • http://store.charteredaccountantsanz.com/; and
  • any other websites, forums (including but not limited to community or social networking platforms, blogs, chat areas, comments sections or discussion boards), applications or services operated by or on behalf of CA ANZ.

  2.3. Defined Words

  Word/s	Meaning
  CA ANZ, we, us or our	Chartered Accountants Australia and New Zealand
  E-Store Terms	CA ANZ E-Store Terms and Conditions
  Collection Statement	CA ANZ Collection Statement (made available to you upon becoming a Registered User)
  Linked Site	a link to a third-party site that is posted on a Website
  Materials	data, information, content, opinions, and other materials
  NZICA Act	New Zealand Institute of Chartered Accountants Act 1996
  Privacy Policy	CA ANZ Global Privacy Policy
  Registered User	a CA ANZ Member, CA ANZ candidate, student, subscriber, purchaser of a CA ANZ product or service or a member of the public that chooses to register on the Website.
  Terms	these Website Terms
  Unregistered User	a person who accesses a Website without registering on the Website
  User Information	information that you provide about yourself to CA ANZ when registering on our Website
  User Profile	your name and email address and information that you choose to provide about yourself to personalise your profile, including your profile picture and a nickname.
  Website (or collectively Websites)	see clause 2.2

• 3 - Acceptance of Terms

  3.1. Access to the Websites set out in clause 2.2 is conditional upon your acceptance of these terms of use, the CA ANZ Global Privacy Policy which is available at https://www.charteredaccountantsanz.com/privacy-policy and any other terms disclosed to you on any Website (Terms). Your use of the Websites constitutes acceptance of these Terms.

  3.2. We may change the Terms at our discretion and without notice. By continuing to use our Websites you accept the Terms as they apply from time to time.

  3.3. By using the Websites, you confirm that you are at least 18 years of age or that you have the permission of your parent or guardian to use the Websites.

• 4 - Website users and registration

  4.1. Subject to these Terms, an Unregistered User may access the Websites without disclosing any personal information to CA ANZ.

  4.2. If you choose to become a Registered User of a Website, then you must provide accurate and truthful User Information for registration purposes. These Terms together with the Privacy Policy and Collection Statement applies to personal information that is collected by CA ANZ on its Websites.

  4.3. 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 generally try and provide you with an explanation if we have refused or revoked your registration.

  4.4. You agree to promptly update your User Information if your User Information changes from time to time.

• 5 - User profile

  5.1. As a Registered User on a Website, you may create and personalise your User Profile.

  5.2. You agree that you have the right to use any profile image that you upload to the Websites and that use of the profile image by you will not infringe the intellectual property rights of any third party. In addition, you agree that your User Profile complies with the requirements set out in clause 9 of these Terms.

  5.3. You also acknowledge that your User Profile may be publicly available on a CA ANZ Website. If you do not want your User Profile to be publicly available, then you should not register on the Website.

  5.4. CA ANZ reserves the right (in its sole discretion) to remove your User Profile (or any information or image that forms part of your User Profile) if you breach the Terms or if the User Profile (in CA ANZ’s reasonable opinion) is inconsistent with reasonable community standards.

• 6 - Website availability and data

  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. You should take reasonable steps to ensure your own online security and safety.

  6.3. 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.

• 7 - Websites

  7.1. The Websites may allow Registered Users to post or share Materials to the Websites, including through community or social networking platforms, blogs, chat areas, comments sections or discussion boards. You must be a Registered User of the Websites before you may post Materials.

  7.2. Materials that you post on Websites, may be accessible to Registered Users, a private user group, or may be publicly available. When you post Materials to a Website, you acknowledge that your Materials are no longer private nor secure. You should regard any Materials that you post as a means of public, not private, communication. Any Materials that you disclose on a CA ANZ Website is disclosed at your own risk.

  7.3. If you choose to post Materials on any Websites, you must own or have the right to post that Material. You are fully responsible for the Materials that you submit to the Websites. CA ANZ is not responsible for any Materials that you post, or the way that the Materials that you post is used by any third party.

  7.4. CA ANZ does not claim any ownership rights in your Materials, however, by posting Materials anywhere on the Websites (including to a private group) you are deemed to grant CA ANZ (and each user of a private group) an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to download, use, modify, distribute, copy, reproduce, publish, communicate to the public or adapt those Materials.

  7.5. By posting Materials to a Website you agree that CA ANZ may use your Materials for CA ANZ business purposes, including to promote, market or advertise CA ANZ and that CA ANZ may directly or indirectly commercially benefit from your Materials.

  7.6. By accessing or posting to a Website, you agree to these Terms. If you do not abide by these Terms, CA ANZ may in its sole discretion (and without notice to you) suspend or terminate your account and your registration, and delete any Materials posted by you on the Websites.

• 8 - Use of third party materials

  8.1. CA ANZ is not responsible to you or any other third parties for any Materials displayed on the Websites. If you choose to rely on any of the information in Materials posted on our Websites you do so at your own risk. CA ANZ strongly recommends that where appropriate you seek your own professional advice and do not rely on Materials posted on a Website.

  8.2. CA ANZ will use its best efforts to remove Materials that contravene these Terms but does not guarantee to do so.

• 9 - Rules about how to use our websites

  9.1. You must only use our Websites in a manner, consistent with these Terms and in a manner that is consistent with reasonable community standards of behaviour.

  9.2. You must not use the Websites for any purpose which we consider to be unacceptable. This includes use of our Websites to:

  a. impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
  b. engage in fraudulent conduct, commit forgery or for an illegal purpose;
  c. to engage in online harassment by spamming, flooding or trolling any other person.
  d. to breach any contractual obligation owed to CA ANZ or any third party.

  9.3. You must not use our Websites to post or share any Material that:

  a. is confidential or sensitive information without appropriate authorisation;
  b. violates the intellectual property rights of CA ANZ or others;
  c. could be considered defamatory or libellous to any person (including CA ANZ);
  d. is misleading or deceptive;
  e. promotes discrimination, (including any hate speech based on race, ethnicity, gender, religion, sexual orientation, disability, or any other protected characteristic);
  f. is illegal or condones illegal conduct;
  g. is vulgar or offensive;
  h. breaches any law in any relevant jurisdiction; or
  i. may be harmful to minors.

  9.4. You must not use our Websites to assist any third party in the conduct of their business, including by promoting a third party’s goods or services (except as expressly permitted under these Terms).

  9.5. You may promote your own business on a Website, but only if you expressly declare your interest in that business.

  9.6. You may share opinions on a Website, but must not, give any advice (including accounting, financial, tax, legal or other professional advice).

  9.7. Whilst using the Websites, you must not:

  a. attempt to gain unauthorised access to our Websites, servers or networks;
  b. knowingly introduce, distribute or transmit any harmful computer code (including viruses, malware, worms or trojans);
  c. scrape or collect information (including personal information) stored on our Websites using software or technological tools designed for this purpose;
  d. otherwise interfere with our Websites or source code comprising our Websites.

  9.8. CA ANZ reserves the right to moderate or remove any Material that you post or share to a Website which CA ANZ considers to be in breach of these Terms or is otherwise unacceptable to CA ANZ.

  9.9. In addition, you agree that CA ANZ may immediately suspend or terminate your access to the Websites if you breach these Terms or if CA ANZ considers (in its reasonable discretion) that your use of its Websites is inconsistent with reasonable community standards of behaviour.

• 10 - Securing your credentials

  10.1. If you are a Registered User, you must protect your usernames, passwords and any other security-based information and ensure that you do not disclose your details to any other person.

  10.2. You must notify CA ANZ immediately of any unauthorised use of your usernames, passwords and any other security-based information.

• 11 - Privacy and spam

  11.1. CA ANZ collects your personal information on our Websites in accordance with the Collection Statement (if you are a Registered User) and manages any personal information collected about you on our Websites in accordance with our Privacy Policy.

  11.2. You should read the Privacy Policy together with these Terms.

  11.3. CA ANZ may publish electronic addresses on our Websites to facilitate communications relevant to our business. You must not use any electronic addresses published on our Websites to send unsolicited commercial electronic messages, or to collect, share or post personal information about others without that person’s authorisation.

  Publication of electronic addresses by CA ANZ must not be construed by you as authorisation by CA ANZ to use electronic addresses contrary to these Terms.

• 12 - Promotions

  12.1. CA ANZ may offer promotions on the Websites. CA ANZ promotions are provided in accordance with legislative requirements in a relevant Australian State or Territory or in accordance with laws in a foreign jurisdiction (as applicable). If you are eligible to enter a promotion offered by CA ANZ, you acknowledge that by entering into that promotion that you are bound by the terms and conditions set out by CA ANZ in relation to that promotion. Please read the terms and conditions relating to a CA ANZ promotion carefully prior to entering the promotion.

• 13 - CA ANZ e-Store

  13.1. CA ANZ offers various products and services via the CA ANZ e-store, including webinars, CPD, courses, and tickets to events.

  13.2. The acquisition and use of the products and services that we offer to you online are governed by the E-Store Terms and Conditions (E-Store Terms). Where there is any conflict or inconsistency between these Terms and any applicable E-Store Terms, the E-Store Terms prevail to the extent of that conflict or inconsistency.

  13.3. CA ANZ uses the Eway Payment Gateway to process online credit card transactions through our E-Store. All online credit card transactions processed using the Eway Gateway are secured payments. CA ANZ may (if requested by you) store your card holder data for use by you on your next purchase. Your card holder data is managed in accordance with our Privacy Policy.

  13.4. You must make payment for a product or service on our e-Store before the product or service is delivered to you. You will receive a digital tax invoice from CA ANZ after receipt of payment.

• 14 - AI usage

  14.1 Our Websites may use AI including Generative AI and provide access to an AI powered chatbot designed to offer general information, guidance and automated assistance. The AI bot’s responses may not aways be accurate, complete or up to date. By using the AI bot, you acknowledge that its output is provided for informational purposes only and should be not be relied upon as professional or other advice. CA ANZ is not responsible for any actions taken based on the bot’s responses. You agree not to use the AI bot to submit unlawful, harmful or sensitive personal information and CA ANZ reserves the right to monitor, restrict or discontinue Your access to the bot at its discretion.

• 15 - You must not rely on information on our websites

  15.1. 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.

  15.2. CA ANZ does not warrant the reliability, accuracy, currency, completeness, timeliness, quality, or suitability of any material that you may access on our Websites. You agree that you will not rely on any material accessed on our Websites.

• 16 - Third party website links

  16.1. We may provide links to third parties' websites on the Websites. The provision of links to the Linked Sites does not mean that CA ANZ (or its directors, officers, employees, agents or related bodies corporate) endorses or has any association with the Linked Sites or goods and services offered on Linked Sites.

  16.2. You acknowledge and agree that we are not responsible for the content, availability, advertising, products, services or other materials of any Linked Sites or the conduct of any person associated with a Linked Site. In addition, CA ANZ does not warrant that material provided on a Linked Site does not infringe the intellectual property rights of any third party.

  16.3. 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.

• 17 - Intellectual property rights

  17.1. All CA ANZ information in any form (and whether registered or not) on the Websites (Content) is protected by copyright, trademark and other intellectual property laws, and is owned by and vests in CA ANZ and its licensors.

  17.2. You acknowledge and agree that these Terms do not transfer any right, title or interest in the Content to you. You must not use the Content, except as expressly permitted by the Copyright Act 1968 (Cth) or Copyright Act 1994 (NZ).

  17.3. All trademarks displayed on the Websites are either owned or used under licence by CA ANZ. 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.

• 18 - Your statutory rights and consumer guarantee

  18.1. Nothing in these Terms 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).

  18.2. 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, then, subject to clause 17.1, 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:

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

  b. 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.

• 19 - Usage restrictions - CA ANZ Library content

  19.1. CA ANZ Library makes available to Registered Users’ resources and content (Third Party Content) which may be sourced from Third Party Content providers (Third Party Providers). You acknowledge that Third Party Content may be subject to usage restrictions and intellectual property rights owned or licenced by Third Party Providers.

  19.2. You agree that you must not upload, input, prompt or otherwise submit any Third Party Content into any generative artificial intelligence model, platform or tool, whether publicly accessible or privately operated without the prior written consent of CA ANZ. Unauthorised use of Third Party Content under this clause 18 may constitute a breach of these Terms and may infringe the rights of CA ANZ and Third Party Providers.

  
  
• 20 - Qualtrics XM

  20.1. CA ANZ’s Websites use Qualtrics XM to conduct surveys and may collect certain personal information you provide in your survey responses, such as your name, email, job role, place of work and other information that may be relevant in the context of particular surveys. If you are logged in to CA ANZs Website(s), CA ANZ may be able to identify you and associate your survey responses to you even if you do not provide your name or other personal information as part of your survey responses. Qualtrics XM’s privacy statement is available here.

• 21 - General matters

  21.1. Circumstances outside our control: CA ANZ shall not be liable by reason of any failure due to strikes, riots, fire, explosion, acts of God, governmental action, pandemic 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.

  21.2. Entire agreement: These Terms, the Privacy Policy, Collection Statement, E-Store Terms together with any 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.

  21.3. Invalidity: 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.

  21.4. No Wavier: No failure to exercise nor any delay in exercising by CA ANZ of any right, power, privilege or remedy under these Terms 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.

  21.5. Governing law: These Terms 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.

  21.6. 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.

• 22 - How to contact us

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

  Chartered Accountants Australia and New Zealand 33 Erskine Street, Sydney, NSW 2000, Australia

  E: [email protected]