1.1 These terms and conditions (Terms) apply to your use of the Platform and the CPAdvance Training and constitute the agreement between you and Cerebral Palsy Alliance (ACN 000 062 288) (we, us, our) in relation to your Subscription.
1.2 By purchasing a Subscription, using the Platform and/or accessing the CPAdvance Training, you agree to be bound by these Terms, and if you do not agree to these Terms, then you must not use the Platform and/or access the CPAdvance Training.
1.3 We may amend these Terms from time to time by posting an updated version of the Terms on the Platform. Where a change is material, we will provide at least 30 days’ prior written notice.
1.4 Unless otherwise defined elsewhere in these Terms, capitalised terms used in these Terms are defined section 23 below.
If you:
3.1 On the Landing Page, you may be able to purchase Subscriptions to single or multiple Modules, but you acknowledge that we reserve the right to determine how we sell the CPAdvance Training from time to time.
3.2 Subject to your payment of the Fees, we grant you (and in respect of an Enterprise Subscription, each Enterprise User) a right to access the CPAdvance Training via the Platform during the Subscription Term, and you must not sell, rent, lease, sub-license, assign, exchange or otherwise transfer that right to any other person.
3.3 Your right under section 3.2 above automatically expires at the end of the Subscription Term. We will use reasonable endeavours to notify you 30 days before the expiry of the Subscription Term, so you may decide whether you wish to renew your Subscription.
3.4 For Enterprise Subscriptions, during the Subscription Term, you may purchase additional Seats at the then-current prices, as set out on the Landing Page.
3.5 You acknowledge and agree that, except as otherwise required by the Australian Consumer Law, your Subscription is non-cancellable and non-refundable.
4.1 We reserve the right to, at any time and at our discretion, and with 30 days' notice to you, where practicable:
4.2 Information about the CPAdvance Training, including the Modules, Subscription Packages and corresponding Fees can be found on the Landing Page.
5.1 When you purchase a Subscription, in order to access the CPAdvance Training, you will be required to create an account on the Platform, including a username and password (Login Details).
5.2 For Enterprise Subscriptions, once that Enterprise Subscription has been purchased, we may require that each Enterprise User creates their own account (including Login Details) in order to access the Platform, or alternatively, we may create accounts for and on behalf of each Enterprise User and provide default Login Details to those Enterprise Users.
5.3 When you create an account on the Platform, we may ask you for certain information about you, and you represent and warrant to us that all information submitted to us is complete and accurate, and you acknowledge that it is your responsibility to inform us of any changes to that information.
5.4 We may decline to allow you to create an account in our discretion. We may also require you to change your Login Details.
5.5 Your Login Details are for your personal, non-commercial use and you must keep your Login Details confidential, and not disclose them to any person, or authorise or permit any other person to access the Platform and/or the CPAdvance Training using your Login Details. If you breach your obligations under this section, then you are responsible and liable for any use of your Login Details by that person.
5.6 You must promptly notify us by email to Support@CPAdvance.org if:
5.7 For Enterprise Subscriptions access to the Platform will be limited to the number of Seats included within the relevant Enterprise Subscription.
5.8 You must provide your own internet access and Device in order to use the Platform. You are responsible for all internet access, data download and other network charges arising from your use of the Platform, and we have no responsibility or liability for those charges.
5.9 You are responsible for the operation and maintenance of your Device and for ensuring that the Platform is accessible from your Device; this includes, but is not limited to, a responsibility to ensure the installation of a compatible operating system for the operation and use of the Platform on your Device.
6.1 All Intellectual Property Rights in the CPAdvance Training and Our Material are owned by us and/or our licensors, and nothing in these Terms grants you any rights in or to the CPAdvance Training or Our Material.
6.2 If you have your own Login Details, we grant you a limited, revocable, non-transferable, non-exclusive, personal licence for the Subscription Term, to use Our Material solely for the purposes of your own training and education.
6.3 You must not, without our prior written consent (and must not attempt to, or allow anyone else to):
6.4 Without limiting section 6.3 above, for Enterprise Subscriptions, you must not provide Our Material to any person that is not an Enterprise User.
6.5 You indemnify us against any Loss that we may suffer or incur in connection with your breach of this section 6, or your infringement of our Intellectual Property Rights.
7.1 During the Subscription Term, we may, at any time and in our discretion, add new content to, or edit, amend or update, existing Modules (in each case, provide Updated Content), at no additional charge to you, provided that you have opted-into receiving such Updated Content when purchasing your Subscription.
7.2 We will notify you of any Updated Content within a reasonable period of making that Updated Content available to Users.
7.3 If we develop any new Modules, we will notify you of those New Modules once they become available for purchase. For the avoidance of doubt, you will not be entitled to receive any new Modules automatically as part of you’re then-current Subscription, unless otherwise agreed by us in writing.
8.1 Without limiting any other part of these Terms, you must not, except with our prior written consent, use the Landing Page, Platform or Our Materials:
8.2 You must not allow, or assist, anyone else to do any of the things contemplated at section 8.1 above.
8.3 You indemnify us against any Loss that we may suffer or incur in connection with your breach of the obligations set out in this section 8, including any Loss suffered or incurred in connection with any Claim made against us by a third party.
9.1 We will use reasonable endeavours to make the Platform available during normal business hours. However, the availability of the Platform depends on various third party suppliers of both you and us, and accordingly, we do not warrant or guarantee that:
(a) you will be able to use the Platform at any time; or (b) your use of the Platform will be continuous, uninterrupted, secure or error-free.9.2 You acknowledge and agree that the Platform may not be available for use from time to time, and that you may be disconnected from your use of the Platform at any time for any reason, including if:
9.3 We make no guarantee as to the reliability or performance of the Platform. The performance of the Platform depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of Users accessing the Platform.
10.1 The information available through the Platform (including in the Modules) (Platform Information) is subject to updates from time to time (including as a result of the operation of section 7.1 above) and, while we aim to ensure that it is up-to-date, you acknowledge that there may be delays, errors or omissions that could affect its currency.
10.2 While we will use our best endeavours to ensure that the Platform Information reflects current medical and clinical thinking, guidance and best practice as to cerebral palsy, its care and treatment:
10.3 You acknowledge that the Platform Information:
10.4 You acknowledge and agree that accessing or using the Platform or using the Platform Information does not create a doctor-patient relationship between you and us.
10.5 You acknowledge that the completion of any Module or the CPAdvance Training generally, does not constitute formal accreditation, or a qualification, recognised by any regulatory authority and must not be represented to any person as being an academic or professional credential.
11.1 To use the Landing Page and the Platform and their features as intended, you must:
11.2 If you do not grant these permissions and this access (or disable such permissions and access), you may be unable to use the Landing Page and/or the Platform.
11.3 The Landing Page uses cookies to assist in identifying registered users and deliver content to you. A cookie is a small data file that is stored in a Device’s hard drive the first time you visit the Landing Page, which allows the Landing Page to recognise the computer used to access the Landing Page. Information gained through cookies may include the date and time of visits, the pages viewed and the time spent on the Landing Page.
11.4 The Landing Page and the Platform use the internet to provide services and information. By using the Landing Page and/or the Platform, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.
11.5 We do not warrant or guarantee the security of the Landing Page or the Platform. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.
12.1 You acknowledge that any information that is visible or contained on the Platform, including any Modules and Our Material, is our Confidential Information.
12.2 If you access any Confidential Information using the Platform, you must:
13.1 We will comply with applicable Privacy Laws in our dealings with you under these Terms, including in relation to your creation of an account on the Platform, and any other interactions you may have with us or the Platform from time to time.
13.2 The ways in which we will collect, handle and protect your Personal Information are set out in our Privacy Policy.
14.1 If you purchase a Subscription, then you may use a credit or debit card to make such payment via the secure, encrypted payment portal on the Landing Page.
14.2 We accept all payment gateways permitted by Stripe from time to time.
14.3 We may, but are under no obligation to, allow for different payment methods for the purchase of Subscriptions from time to time.
14.4 We do not capture or store your credit card details, only the authority from our bank that your credit card payment has been approved.
14.5 All prices set out on the Landing Page, unless otherwise stated, are in Australian Dollars and are exclusive of GST.
14.6 We reserve the right to check whether you are duly authorised to use certain payment methods, and we may suspend any transaction until such authorisation is confirmed, or cancel the relevant transaction where such confirmation is not available.
15.1 You acknowledge and agree that your access to, and use of, the Landing Page, Platform and the CPAdvance Training is at your own risk.
15.2 To the extent permitted by law and except in relation to any guarantee or right conferred under law (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this section to be void, we exclude from these Terms:
16.1 Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).
16.2 Where you as a Consumer acquire goods or services under these Terms, and those goods or services:
You acknowledge that we reserve the right to:
If requested by us, you must immediately:
You must not access, enrol in, download, use, export, re-export or otherwise make available any of Our Material from, into or to:
19.1 The Landing Page and the Platform may contain links to other third party websites over which we have no control, including links to any third party payment portal. Those links are provided for your convenience only, and we are not responsible for their use, effect or content.
19.2 The inclusion of such a link on the Landing Page or Platform should not be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of that third party website, or for any information, product or service referred to on that website.
19.3 You acknowledge that you access such links at your own risk and we make no representations or warranties as to, and accept no responsibility or liability for your use of such links, or the accuracy of information provided via such links on those websites, nor do we endorse any information, opinions, goods or services referred to on them.
If you need support in your use of the Platform or any Modules, or if you have general queries in relation to the CPAdvance Training, you may notify us by emailing support@CPAdvance.org, and we will endeavour to assist you.
These Terms are governed by the laws of the State of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia, and the courts having appeal from them.
22.1 We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising the right, power or remedy.
22.2 If any provision of these Terms is found to be invalid by a court of competent jurisdiction, then the relevant provision may be severed from these Terms and the invalidity of that provision will not affect the validity of the remaining provisions.
22.3 Any indemnity and any obligation of confidence under these Terms is independent and survives the Subscription Term. Any other term by its nature intended to survive the Subscription Term will so survive, including sections 6, 8, 14, 15, 16, 22 and 23.
Unless the contrary intention appears, in these Terms:
Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth).
Claim means any claim, demand or proceeding arising out of any cause of action (including breach of contract, tort (including negligence) and any other common law, equitable or statutory cause of action).
Confidential Information means all information (regardless of the form of disclosure or the medium used to store it) treated by us as confidential and of which you become aware either through disclosure by us, involvement with us or your use of the Platform.
Consumer has the meaning given to that term under section 3 of the Australian Consumer Law.
CPAdvance Training means our training program titled 'CPAdvance Training' hosted on the 'Moodle' web-based learning management platform, and all Modules and Our Materials related to that program.
Device means your own internet-enabled device that is compatible with the Landing Page and the Platform and has a current and working internet connection.
Enterprise Subscription means a Subscription purchased by an employer or principal for or on behalf of its personnel.
Enterprise User means any User permitted to access the Platform and the CPAdvance Training under an Enterprise Subscription.
Fees means the fees payable by you to us for the right to access the CPAdvance Training for the applicable Subscription Term, as specified on the Landing Page.
GST has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights means all intellectual property rights, registered or unregistered, and related rights, including any:
Landing Page means the website that we operate, through which you can access the Platform, located at https://training.cpadvance.org
Loss means any liability, loss, damage, cost and expense (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise.
Module means the individual units of learning content that collectively constitute the CPAdvance Training, each as detailed on the Landing Page and on the Platform, as may be released by us from time to time.
Our Material means the material and content contained in the CPAdvance Training and each Module.
Platform means the online URL(s) through which a User accesses the CPAdvance Training, including the CPAdvance Training merchant page and any other interfaces used to access or purchase the CPAdvance Training
Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth), or otherwise has the same meaning as equivalent terms such as 'personal data' under other Privacy Laws.
Privacy Law means any applicable privacy legislation, whether Australian or otherwise including the Privacy Act 1988 (Cth), the General Data Protection Regulation (EU) 2016/679 of the European Parliament, and any related codes of conduct, directives or orders made or issued under such legislation, which have the force of law.
Privacy Policy means our privacy policy, as amended from time to time and published at https://cerebralpalsy.org.au/privacy/ (or any replacement web page from time to time).
Sanctions Laws means any applicable export control and economic sanctions laws and regulations, including the Autonomous Sanctions Act 2011 (Cth) and the Autonomous Sanctions Regulations 2011 (Cth).
Seat means, in respect of an Enterprise User, the entitlement of that Enterprise User to use the CPAdvance Training under the relevant Enterprise Subscription.
Stripe means the third-party online payment processing platform provided by Stripe, Inc. and its affiliates.
Subscription means a subscription to CPA Advance, and includes any Enterprise Subscription.
Subscription Packages means a group of Modules that are sold together under one Subscription.
Subscription Term means the period of 12 consecutive months from the date on which a Subscription is purchased, and any further 12 month period for which that Subscription may be renewed in accordance with section 3 of these Terms.
Updated Content has the meaning given to that term in section 7.1 of these Terms.
User means a person that is permitted to access the Platform under a Subscription, and includes any Enterprise User.
Unless the contrary intention appears, in these Terms: