Welcome to the AACP website (collaborativeaustralia.com.au) (Site) operated by Australian Association of Collaborative Professionals Limited ABN 34 617 891 004 (AACP, we, our or us).
These Terms of Service govern your use of our Site, and supply of any of our services to you through use of this Site.
We strongly recommend that you read all of the terms in these Terms of Service.
2. Acceptance of terms
By browsing, accessing or using the Site, signing up to our mailing list, making an enquiry, submitting a membership application or renewal request, registering for an event, seminar or training; accessing course materials or purchasing our services, you agree to be bound by these Terms of Service.
These Terms of Service govern your access to and use of this Site. If you do not agree to these Terms of Service, please stop using and exit our Site.
2.2 Use of Site
As a condition of your use of our Site, you warrant that:
- you will only use the Site in accordance with these Terms of Service and any applicable law;
- you are legally capable of entering into this agreement;
- you will not (or attempt to):
- interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site;
- use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
- interfere (or attempt to interfere) with security-related or other features of the Site.
- all information you supply to us is true, accurate, current and complete;
- you are solely responsible for the activity that occurs on your Account (if any);
- you will keep your Account password secure, and will supervise and be completely responsible for any use of your Account; and
- you will not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us that you do not have.
2.3 Change to terms
- You agree that we may update these Terms of Service at any time, by posting a notice on the login page of the Site or by giving you notice in any of the ways mentioned in section 10.2.
- Your continued use of our Site after we update these Terms of Service will signify your agreement to and acceptance of those changes, with effect from that date.
You alone are responsible for your use of the Site and protection of your Login. You are also responsible for all activities that occur in connection with your Account. If you suspect that your Login or Account are no longer secure you agree to:
- notify us immediately of any unauthorised use of your Account; and
- change your password.
We may suspend (in part or whole), and without prior notice to you, your Account or access to the Site for any reason whatsoever, including without limitation, if:
- there is a malfunction, fault or breakdown of any equipment we use, or any repairs, maintenance or services are required;
- we are required to do so by law;
- an event of Exceptional Circumstance occurs, which affects or may affect our ability to provide the Site and any related services;
- for engaging in prohibited conduct under sections 3.3 or 4.2;
- if someone claims that the Site infringes their Intellectual Property Rights;
- if someone makes a Claim that exposes us to Liability; or
- if we determine or suspect that you have breached this agreement.
A suspension for any of these reasons will not affect any right which accrues prior to, or after, suspension of our obligations under these Terms of Service.
3.3 Fraud; suspicious activity
If detect actual or suspected fraudulent or abusive or illegal activity in connection with your Account, we may take any of the following actions as we determine are reasonable in the circumstances:
- suspend or deactivate your Account;
- cancel any purchase (for things such as Training Materials or an event registration) made on your Account;
- notify any affected persons or third parties;
- refer fraudulent or abusive or illegal activity to the relevant authorities.; and
- take any legal action we deem necessary and you may be Liable for any Loss we incur, including litigation costs and damages.
If you wish to contest the cancellation of a purchase, or the suspension or deactivation of your Account, please contact us.
3.4 Downtime and limitations
You agree that:
- the Site will not be available at all times and without disruption;
- access to the Site may occasionally be limited due to Scheduled Maintenance;
- access to the Site is reliant upon various factors outside our control, including, without limitation, events of Exceptional Circumstance, your internet service provider, telecommunications provider or equipment used to access the Site;
- although we will use reasonable endeavours to ensure you have continuous access to the Site, we are not be Liable to you or any other person for any Claim or to any other extent for Loss or damage caused by such factors; and
- you will have no Claim against us in respect of loss of access or functionality to the Site referred to in this section 3.4.
4. Your conduct and obligations
4.1 General obligations
- You agree to comply with these Terms of Service, and the particular obligations imposed on your use of the Site in section 2.2.
4.2 Prohibited conduct
- You must not:
- post or send any material, content or comments, or do anything which is unlawful, offensive, abusive, indecent, defamatory, vulgar, derogatory, inappropriate or menacing, or in breach of any rights of others;
- cause annoyance, inconvenience or needless anxiety to others;
- post commercial advertisements or promotional material; or
- We reserve our rights to delete any of your post(s), content or any comment(s), and suspend your access or immediately terminate your account if, in our sole opinion, you breach your obligations under these Terms of Service or the above prohibitions in section 4.2(a).
4.3 Links to third party websites
For your convenience, the Site may provide links or references to external websites or applications. We do not control or endorse those external websites or applications, and are not responsible or Liable for the accuracy, legality, or any other aspect of the content of such websites or for any damage or injury arising in connection with your access to such websites.
5. Pricing; payments
5.1 Fees; Charges
- We do not charge you any fees for using our Site itself, or to register an Account.
- If you choose to apply for membership in AACP, or purchase any Training Materials, register a place at a Training Course or event, seminar or presentation, the applicable fees or prices are shown in Australia dollars and include GST where applicable. Unless stated otherwise, fees or prices do not include delivery and handling charges. Prices are subject to change from time to time.
- All payments for items specified in section 5.1(b) must be made in full prior to delivery of any materials, or tickets (whether by post, email or otherwise).
- You can make payment to us in any manner accepted on our Site. Where we use a third party service to transact your payment, your use of that third party service will also be subject to the service provider’s terms and conditions.
6. Intellectual property rights
6.1 IP ownership
- We (or our licensors, as applicable) retain ownership of the Site, the content including Training Materials on the Site, and any copyright, trade marks and other Intellectual Property Rights that are created or subsist in the Site.
- You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
- Our Site is protected under the Copyright Act 1968 (Cth) and international copyright and other laws governing the protection of Intellectual Property Rights. You must not in any form or by any means (except as expressly authorised by the Copyright Act 1968 (Cth) or these terms and conditions):
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any works or other subject matter or any part of this Site generally; or
- commercialise any works or other subject matter, information, products or services obtained from any part of this Site, without our written permission.
- All brand, product and service names used in this Site are the trade marks of us, or third parties who have licensed us to use their trade marks. You are not allowed to use or reproduce any such trade marks, and you may only use such trade marks for accessing, viewing and/or interacting with this Site.
- Unless we agree otherwise in writing, you are provided with access to this Site only for your individual use, whether personally or (if the organisation you represent is a member of AACP) as the authorised representative of a corporate member of AACP. You can print a copy of any information contained on this Site for your personal, non-commercial use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission (including to others within your organisation) on-sell or distribute information obtained from this Site.
- You grant to us a perpetual, worldwide, royalty-free, transferable, licensable and sub-licensable, irrevocable right to use, copy, modify, distribute, publish and process any content that you post on the Site.
- You give us your complete and genuine consent to our use of all or any portion of any content that you post in use of the Site, even if such use by us would otherwise be an infringement of your moral rights (as that term is defined in the Copyright Act 1968 (Cth)).
7.2 Overseas disclosure
- The Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of personal information outside of Australia do not breach the privacy principles contained within Privacy Act.
7.3 Protection of your personal information
8. Disclaimer and our limitation of Liability
- You acknowledge and agree that the Site contains general information and may include material from many different sources. We make no representation and do not warrant that the information provided is complete, accurate or current.
- The information accessible via the Site is not a replacement for professional advice, and does not take into account your specific circumstances.
- You acknowledge and agree that, despite all reasonable precautions on our part, we, our directors, employees, contractors or other representatives will have no Liability to you or anyone else for Loss or damage of any kind (howsoever caused or arising) relating in any way to the Site, to the extent permitted by law, including but not limited to Loss or damage you may suffer as a result of:
- any errors, mistakes or inaccuracies on the Site;
- you acting or failing to act on any information contained on or referred to on the Site and / or any third party websites;
- personal injury, death or property damage of any kind resulting from your access or use of the Site;
- any fraud;
- any unauthorised access to or use of the Site’s secure servers;
- any interruption or cessation of transmission to or from the Site;
- any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Site to any third party; and / or
- the quality or fitness for any purpose of any third party websites,
and you acknowledge that the existence or occurrence of any of the events in sections 8.1(c)(1)-(8) will not be a breach of this agreement.
8.2 Implied terms
- To the full extent permitted by law:
- any term which would otherwise be implied into these Terms of Service is excluded. However nothing in these Terms of Service excludes a compulsory consumer guarantee which applies under the Competition and Consumer Act 2010 (Cth) and which cannot be excluded, restricted or modified; and
- you acknowledge that we provide the Site on an ‘as is, where is’ basis, and we make no warranties or representations, express or implied, as to the Site (and any information or documentation provided in connection with it), whether provided by us, third parties or other users.
- If any law implies or imposes terms into these Terms of Service which cannot be lawfully excluded, such terms will apply, save that our Liability for breach of any such term will be limited in accordance with the remainder of this section 8.
8.3 Limitation of Liability
- To the extent we are held liable in connection with these terms (whether in contract, under a right of indemnity, tort or statute), then our cumulative liability will be limited (at our option) to any one or more of the following:
- re-supplying the services to which the liability relates or the supply of equivalent services; or
- refunding you (subject to the cap on liability in section 5) the amount of Service Fees or Subscription Fees you have paid to us, in connection with which our liability arose.
- This limitation of Liability extends to Loss, damage or personal injury caused directly or indirectly by your access to or inability to access the Site and your reliance on any information provided on the Site, even if we have been advised of the possibility of such damages or injury.
8.4 Consequential Loss
To the maximum extent permitted by law, we (and any of our Related Entities (as that term in defined under the Corporations Act 2001 (Cth)) do not accept responsibility for any Loss or damage (whether in contract, tort, statute or otherwise) for any consequential, incidental, special, exemplary or indirect damages of any kind, or for any loss of profits, revenue or opportunity arising out of or in connection with this agreement, your use of this Site or reliance on any information contained in this Site, or use of any linked website, however caused, even if we have been advised of or should have known the possibility of such damages.
8.5 Liability cap
- Despite anything else in these Terms of Service, to the extent that we are Liable in connection with these Terms of Service (whether in contract, under a right of indemnity, tort or statute), our cumulative Liability in the aggregate (to the fullest extent permitted by law) will not exceed the greater of:
- the amount of applicable Service Fees or Subscription Fees you have paid to us, in connection with which our liability arose; or
- in any other case, AUD$10.
- The parties acknowledge and agree that the foregoing provisions represent a reasonable allocation of risk and that the parties would not enter into this agreement absent such provisions.
9.1 Your indemnity
- You agree to indemnify us and our Related Entities (as that term in defined under the Corporations Act 2001 (Cth)) and agents from all Claims, Liabilities and expenses (including legal fees) that arise from:
- your breach of these Terms of Service;
- your breach of any obligation imposed on you or any warranty you have provided to us under section 2.2;
- your breach of any applicable law or third party rights;
- your use (including misuse) of the Site.
- We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
10.1 Governing Law; Jurisdiction
These terms will be governed by and construed in accordance with the laws of Western Australia and the parties submit to the non-exclusive jurisdiction of the Courts of Western Australia.
- You can give us notice under this agreement by email at [email protected]ativeaustralia.com.au.
- We can give you notice under these Terms of Service by emailing you at the address you provide in your Account.
- You agree to keep your contact information up-to-date, and understand that we will have no way of notifying you if your contact information is not current.
- You must not assign, transfer or novate all or any part of your rights or obligations under or relating to this agreement or grant, declare, create or dispose of any right or interest in it.
- AACP may assign, transfer or novate all or any part of its rights or obligations under or relating to these terms and conditions in its sole discretion and without prior notice to you.
If any of these terms and conditions, or any part of a particular term or condition, is or are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions, or the remaining part of a particular term or condition as the case may be, shall nevertheless continue in full force.
An amendment or variation to these Terms of Service is effective from the date it is published on the Site.
If we waive any rights available to us under these Terms of Service on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
10.7 Whole agreement
This agreement is the entire agreement and understanding between the parties relating to the subject matter of these Terms of Service.
11. Definitions and interpretation
Account means a user account in your name or control that you register on our Site.
Claim means, in relation to a person, any action, allegation, claim, demand, judgment, Liability, proceeding, remedy, right of action or right of set-off made against the person concerned however it arises whether:
- it is present, unascertained, immediate, future or contingent;
- it is based in contract, tort, statute or otherwise; or
- it involves a third party or a party to this agreement.
Exceptional Circumstance means a circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under this agreement. Such circumstances include:
- adverse changes in government regulations;
- any disaster or act of God, lightning strikes, atmospheric disturbances, earthquakes, floods, storms, explosions, fires and any natural disaster;
- acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, cyber attacks, viruses or malware, data loss as a result of actions of a third party;
- strikes or industrial disputes;
- materials or labour shortages; and
- acts or omissions of any third party network providers (such as internet, telephony or power provider).
Intellectual Property Rights means all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trade marks, know-how, confidential information, patents, inventions, plant breeder’s rights and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
Liability means any liability, debt or obligation, whether actual, contingent or prospective, present or future, qualified or unqualified or incurred jointly or severally with any other person.
Login means your personal username and password (or other credentials) for accessing the Site.
Loss means any loss (including Consequential Loss under section 8.3), Claims, actions, Liabilities, damages, expenses, diminution in value or deficiency of any kind whether direct, indirect, consequential or otherwise.
Scheduled Maintenance means preventative or emergency maintenance in relation to any hardware, software, platform or communications network used, or relied upon, to make available the products and Site.
Training Materials means the materials and presentations produced by or for us, and in which we own (or are licensed) the copyright and all other Intellectual Property Rights.
- Unless the contrary intention appears, a reference in this agreement to:
- this agreement or another document includes any variation or replacement of it despite any change in the identity of the parties;
- one gender includes the others;
- the singular includes the plural and the plural includes the singular;
- a person, partnership, corporation, trust, association, joint venture, unincorporated body, government body or other entity includes any other of them;
- an item, recital, section, sub-section, paragraph, schedule or attachment is to an item, recital, section, sub-section, paragraph of, or schedule or attachment to, this agreement and a reference to this agreement includes any schedule or attachment;
- a party includes the party’s executors, administrators, successors, substitutes (including a person who becomes a party by novation) and permitted assigns;
- any statute, ordinance, code or other law includes regulations and other instruments under any of them and consolidations, amendments, re-enactments or replacements of any of them;
- money is to Australian dollars, unless otherwise stated; and
- a time is a reference to Brisbane time unless otherwise specified.
- The words include, including, such as, for example and similar expressions are not to be construed as words of limitation.
- Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
- Headings and any table of contents or index are for convenience only and do not affect the interpretation of this agreement.
- A provision of this agreement must not be construed to the disadvantage of a party merely because that party or its advisers were responsible for the preparation of this agreement or the inclusion of the provision in this agreement.
- If a party consists of more than one person, this agreement binds each of them separately and any two or more of them jointly.
- An agreement, covenant, obligation, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them separately.
- An agreement, covenant, obligation, representation or warranty on the part of two or more persons binds them jointly and each of them separately.