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Inside Insurance Terms & Conditions

1. General

1.1       About these Terms

(a)        Thank you for visiting our website, www.complianceadvocacysolutions.com.au  (website).  These Subscription Services Terms (Terms) apply to your use of the Services Portal, your purchase and/or use of our Services and any communications between us and you in relation to an actual or proposed purchase or use of our Services.

(b)        By accessing and/or using this website and related Services, you agree to be legally bound by these Terms. You must not use our website or purchase or use any of our Services unless you are at least 18 years old and have the authority and legal capacity to enter into a legally binding agreement with us.

(c)        You must review our Terms carefully and, if you do not agree to these Terms or do not meet the criteria at clause 1.1(b), immediately cease using our website and not order, pay for or otherwise be involved in the purchase of our Services.

1.2       Acceptance of Terms

By accessing, downloading or using the Services, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.  We may change all or part of these Terms at any time. If we do, the new Terms will be posted on this website. Your continued use of the website will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us using the contact details specified at clause 16 and cancel your subscription to the Services pursuant to clause 6.1.

1.3       Other terms may apply

Please note that other terms and conditions may apply to your use of third party services that are used by you and us in connection to the Services (e.g. the owners of Zoom, being Zoom Video Communications Inc., and YouTube, being Google LLC).  It is your responsibility to be fully informed of and comply with those other terms and conditions, in addition to these Terms.

1.4       Restricted use

By:

(a)        accessing this website;

(b)        using this website; and

(c)        placing, or receiving, an order for our Services,

you represent that you are at least 18 years old and possess the legal right and ability to enter into a legally binding agreement with us and we hereby rely on that representation.  This is an essential pre-condition of you engaging in any of the activities described in this clause.  If you are not 18 years old or cannot otherwise enter into a legally binding agreement with us, you must immediately cease using this website and not perform any of the activities described in this clause in relation to the website and our Services.

2. Definitions and interpretation

2.1       Definitions

In these Terms, unless the contrary intention appears:

(a)        Account has the meaning at 2.3(a).

(b)        Australian Consumer Law means the Competition and Consumer Act 2010 (Cth) and Competition and Consumer Regulation 2010 (Cth).

(c)        Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales.

(d)        Content has the meaning at clause 10.1(a).

(e)        Forum has the meaning at clause 5.2(a).

(f)        Losses means all liabilities, losses, damages, costs and expenses suffered or incurred (including consequential loss and legal costs on a full indemnity basis) howsoever caused, directly or indirectly, whether arising in contract or tort (including negligence) or under any statute or under any other cause of action, and Loss has a corresponding meaning.

(g)        Membership Tier refers to one or a combination of the following subscriptions (as the context permits):

(i)         Connect;

(ii)         Engage; and

(iii)        Grow,

pursuant to which you will receive access to a particular scope of Services in exchange for payment of the Subscription Fee for the Subscription Period – for further information see clause 3.3.

(h)        New User Refund Offer has the meaning at clause 8.2(a).

(i)         Participant means a participant in the Forum or any other Service involving communication and interaction between subscribers to any of the Membership Tiers (e.g. a live webinar).

(j)         Party means you or us (as the context permits) and Parties is a collective reference to you and us.

(k)        Payment Method has the meaning at clause 4.1(a).

(l)         Promotional Offer has the meaning at clause 9(a).

(m)       Services means the services you receive from us, the scope of which shall be determined by your Subscription.

(n)        Services Portal means the webpage on the website that you can use to access the Services (Inside Insurance Members Hub).

(o)        Subject Matter means any material or information that you post or otherwise publish in connection to the Services including via the Services Portal, the Forum, private messaging or any other platform.

(p)        Subscription Fee means the fee that is payable by you to us in exchange for your selected Membership Tier subscription and the Services you are granted access to as part of your Subscription.

(q)        Subscription Period in relation to a Membership Tier means the period commencing from the date that you pay your first Subscription Fee payment for the Membership Tier and continuing until the date your subscription to that Membership Tier is terminated or cancelled pursuant to these Terms.  For the avoidance of doubt, the minimum Subscription Period is one month and your subscription renews automatically each month on the date the Subscription Fee is due for payment from your Payment Method (i.e. thereby extending the Subscription Period by a further month) until the date of termination or cancellation.

(r)        us, we and our means Compliance Advocacy Solutions Pty Ltd (ACN 622 776 934) and includes our directors, employees and agents.

(s)        you means the person using the Services Portal, ordering our Services, paying for our Services and/or receiving a delivery of our Services as the context permits.

2.2       Interpretation

In these Terms, unless the contrary intention appears:

(a)        the singular includes the plural and vice versa, and a gender includes other genders;

(b)        another grammatical form of a defined word or expression has a corresponding meaning;

(c)        a reference to a clause is a reference to a clause in the Terms, as amended from time to time in accordance with the Terms;

(d)        a reference to time is to time in Sydney, Australia;

(e)        a reference to a party is to a party to the Terms – i.e. you or us – and includes the party's executors, administrators, successors and permitted assigns and substitutes;

(f)         a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

(g)        the meaning of general words is not limited by specific examples introduced by 'including', 'for example' or similar expressions;

(h)        a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of the Terms or any part of it; and

(i)         headings are for ease of reference only and do not affect interpretation.

2.3       Services Portal Account registration

(a)        You must register an account with us (Account) before you can use our Services.  You must not register an Account unless you meet the requirements at clause 1.1(b).

(b)        By registering an Account, you acknowledge and agree that:

(i)         you are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time;

(ii)        you will not reveal (or cause to be revealed through any act or omission) your password to any other person;

*(iii)      you will immediately notify us if your password is lost or becomes known to any other person, or you become aware of any actual or suspected unauthorised use of your Account;

(iv)       you are solely responsible for all access to and use of the Services Portal via your Account, whether such access or use is by you or any other person; and

(v)        any information you provide to us for posting or inclusion in our Forum, at any time, becomes our property.

(c)        To the extent that you provide personal information, we will treat such information strictly in accordance with our Privacy Policy.

(d)        You must ensure the security and confidentiality of your Account details, including any username and/or password.

(e)        You must not let any other person use your Account or subscription to the Services.

2.4       Restricted access

(a)        Access to our Services is restricted to individuals who are Australian users and who hold current Membership Tier subscriptions.  However, Subscription Fees may be paid by an individual or business located in Australia.

(b)        The Services you receive in exchange for the Subscription Fee is determined by your Membership Tier subscription.  You acknowledge and agree that you may not have access to certain Services within the Services Portal, depending on the Membership Tier subscription that you have selected.

(c)        Your continued access to the Services is conditional on these Terms and your full compliance with these Terms.

2.5       Use

By using the Services Portal, you warrant and represent that you will not:

(a)        provide your log-on credentials to your Account to any third party;

(b)        use this website in a way that breaches the Terms, any laws or infringes any rights of third parties;

(c)        interfere with anyone else’s use of the Services Portal, including sending spam; or

(d)        copy, scrape or reproduce content from the Services Portal including information about third parties without their consent,

and we hereby rely on those warranties and representations.

3. Services

3.1       Duration of Services

Unless otherwise specified in these Terms, you will have access to the Services that are made available for your selected Membership Tier subscription throughout the Subscription Period.

3.2       How to access Services

(a)        To access the Services you must subscribe to a Membership Tier and that subscription must be current and paid up to date at the time of your proposed access.

(b)        You may subscribe to a Membership Tier by placing an order for your chosen Membership Tier using your Account and paying the applicable Subscription Fee using your Payment Method. Your subscription to that Membership Tier will continue for the Subscription Period.

(c)        You acknowledge and agree that it is your responsibility to ensure that the Membership Tier you select and purchase is suitable for your use.

3.3       Membership Tiers

(a)        The scope of Services and Subscription Fee attributable to each Membership Tier is set out in the following table:

Membership Tier Services Subscription Fee
Connect (i) Access to a members-only online blog content, industry analysis, presentations and other written content available exclusively within the Services Portal;

 

(ii) Access to a monthly members-only pre-recorded webinar available exclusively within the Services Portal; and

 

(iii) A quarterly 60 minute private mentoring meeting with Paul Muir via Zoom – optional, scheduled at your request.

$20.00 per month

 

Engage (i) Access to a members-only online blog content, industry analysis, presentations and other written content available exclusively within the Services Portal;

 

(ii) Access to a monthly members-only pre-recorded webinar recorded available exclusively within the Services Portal;

 

(iii) Access to the Forum available exclusively to subscribers of the Engage and Grow Membership Tiers within the Services Portal; and

 

(iv) Access to private messaging with Paul Muir accessible exclusively within the Forum.

$40.00 per month
Grow (i) Access to a members-only online blog content, industry analysis, presentations and other written content available exclusively within the Services Portal;

 

(ii) Access to a monthly members-only pre-recorded webinar available exclusively within the Services Portal;

 

(iii) Access to the Forum available exclusively to subscribers of the Engage and Grow Membership Tiers within the Services Portal;

 

(iv) Access to private messaging with Paul Muir accessible exclusively within the Forum; and

 

(v) A fortnightly 60 minute private mentoring meeting with Paul Muir via Zoom.

$120.00 per month

(b)        Your subscription to a Membership Tier will automatically renew on a monthly basis until the subscription is terminated or cancelled pursuant to these Terms.  During this Subscription Period, Subscription Fees will be charged monthly and automatically to your Payment Method – see clause 4.

(c)        You may change your Membership Tier at any time via your Account page within the Services Portal – in these circumstances your Subscription Fee will be adjusted in accordance with clause 4.2(b).

3.4       Services which are subject to availability

(a)        If your Membership Tier subscription includes meetings with Paul Muir, you acknowledge and agree that you may request that meetings occur at certain time(s) and we may choose to accept those requests subject to:

(i)         the reasonable availability of Paul Muir; and

(ii)        Paul Muir’s determination that the requested time is suitable and appropriate having regard for the type of Service to be delivered and any other matter that he considers relevant.

(b)        If your Membership Tier subscription includes private messages with Paul Muir:

(i)         Paul Muir will endeavour to respond to your message promptly and within 1 Business Day of the date the message is received; and

(ii)        you acknowledge and agree that response timeframes may vary (including beyond the timeframe referred to in clause 3.4(b)(i)) and are subject to the reasonable availability of Paul Muir.

3.5       Delays

We will use reasonable endeavours to anticipate and manage delays in the delivery of the Services.  However, delays may occur for reasons outside of our reasonable control.

3.6       Rescheduling

While we make all reasonable endeavours to ensure that the Services are available, there may be circumstances where a Service (such as a meeting or webinar) must be cancelled.  In these circumstances, we will notify you of the cancellation of that Service and arrange to reschedule the Service as soon as practicable.

4. Payment terms

4.1       General

(a)        By creating your Account and providing us with details of your payment method (Payment Method) via Stripe, you agree to pay the advertised price of the Subscription Fee and any additional fees, including transaction fees listed when you place your order, using your elected Payment Method.  You also warrant that:

(i)         you are authorised to use the credit card (including Visa, MasterCard or American Express), bank account or other account (including Stripe) that you use to make this payment; and

(ii)         you will keep all billing information accurate and current at all times.

(b)        All advertised prices are stated in Australian dollars.

(c)        All payments are managed and processed by a third-party merchant (Stripe).  We do not collect or use any of your credit card or other personal payment information.

(d)        If you believe there has been a mistake or unauthorised transaction on your account in relation to our website, you can notify us in writing using the contact details at clause 16 and we will take steps to investigate the matter.

(e)        All payments made will be automatically processed on the monthly due date. If your Payment Method bounces for any reason, attempts to charge will be made in the following days/weeks.  If the Payment Method continues to bounce or rejects the payment, or if a charge-back is claimed by you or your financial institution, the matter will be handled internally with written notice or transferred to a debt collection agency at your cost.

(f)         All payments are operated through an online and automated billing system.  You agree to ensure sufficient funds are available in your nominated Payment Method to meet any account withdrawals made by us on their scheduled due dates.  If payment is defaulted or not received, you authorise us to debit any outstanding funds from your Payment Method without need for notification at a future date.  Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.

4.2       Subscription Fees

(a)        Subscription Fees will be charged to your Payment Method in advance and on a monthly basis, commencing on the first date of your subscription and thereafter being charged on or about the same date of each following month for the duration of the Subscription Period.

(b)        If your Membership Tier changes during a Subscription Period, on the next scheduled Subscription Fee payment date we will charge your Payment Method:

(i)         the Subscription Fee payable for the new Membership Tier; and

(ii)        if you have selected a more expensive Membership Tier than your previous Membership Tier – an additional amount that is equal to the difference between the Subscription Fees payable for the two Membership Tiers, pro-rata by reference to the date of the change in Membership Tier.

(c)        We may change the Subscription Fees at any time. The changed Subscription Fee will come into effect upon the renewal date of your subscription.

4.3       Consequences of non-payment

(a)        We reserve the right to:

(i)         suspend or terminate your Account or your access to any Service, at our discretion, if payment is defaulted;

(ii)        on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you; and

(iii)       inform credit watch monitoring services of ongoing default trends or payment-avoiding strategies employed where we deem it is appropriate.

(b)        We use reasonable endeavours to work with you if you have financial difficulties to ensure actions such as those listed above do not happen.  If you are having difficulties or require a payment plan, please contact us using the contact details specified at clause 16.

4.4       GST

All advertised fees including amounts specified in these Terms are exclusive of GST (as that word is defined under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (unless otherwise indicated).

4.5       No Charge-Back or Set Off

(a)        Payment of all fees by you to us (including Subscription Fees) must be made without set-off or counterclaim.

(b)        You acknowledge and agree that you waive all rights to attempt to charge-back any amounts paid under these Terms with your Payment Method.

5. Your responsibilities

5.1       General

(a)        You must provide all information and other assistance we reasonably require to perform our obligations under these Terms.

(b)        You must:

(i)         ensure that all information that you provide us (including Account and payment information) is accurate, complete and not misleading; and

(ii)        promptly inform us to the extent that you become aware that any information provided to us is inaccurate, incomplete or misleading.

(c)        You acknowledge and agree that we will act in reliance on any information that you provide us.

(d)        To the maximum extent permitted by law, we exclude any and all liability to you for all Losses incurred by you relating to any breach of the Terms by us to the extent it was caused by your failure to comply with this clause.

5.2       Use of website and Forum

(a)        Depending on your Membership Tier, you may be granted access to a private forum in the Services Portal using your Account log-in details (Forum).

(b)        You agree that you will not post or otherwise publish on our website or our Forum any Subject Matter that:

(i)         is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable;

(ii)        harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

(iii)       includes personal or identifying information about another person without that person’s consent;

(iv)       constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us;

(v)        impersonates any person or entity;

(vi)       includes non-public information about companies without authorisation to do so; or

(vii)      includes advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

(c)        By posting or otherwise publishing your Subject Matter on our Forum, you:

(i)         grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Subject Matter in any form and for any purpose;

(ii)         warrant that you have the right to grant the above licences;

(iii)        warrant that your Subject Matter does not breach these Terms; and

(iv)       consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

(d)        We reserve the right (but have no obligation) to:

(i)         review, modify, reformat, reject or remove your Subject Matter that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

(ii)        monitor use of the website or the Forum, and store or disclose any Subject Matter or other information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

5.3       Code of Conduct

(a)        The Services Portal (including the Forum) is a space for learning and is strictly a pitch-free, solicitation-free and sales-free environment.

(b)        Whilst using the Services Portal (including the Forum) or otherwise interacting with us or Participants in connection with the Services, we ask that you not:

(i)         engage in any of the unacceptable activities described in clause 5.4;

(ii)         contact anyone who has asked not to be contacted;

(iii)        collect personal data about other users for commercial or unlawful purposes;

(iv)        infringe other user’s privacy rights;

(v)        violate the intellectual property of others;

(vi)        post anything that contains software viruses, worms or any other harmful code; or

(vii)      use manual or automated software, devices, script robots, other means or processes to access our website or any related data or information.

(c)        If we determine that you are acting in breach of this Code of Conduct, we reserve the right to take any actions that we consider appropriate in response and at our sole discretion  including suspending, downgrading or terminating your subscription or Account.

5.4       Unacceptable activity

(a)        You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

(i)         any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;

(ii)         using this website to defame or libel us, our employees or other individuals;

(iii)       uploading files that contain viruses that may cause damage to our property or the property of other individuals; and

(iv)       posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

(b)        If we allow you to post any Subject Matter to our website, we have the right to take down this Subject Matter at our sole discretion and without notice.

5.5       No commercial use

The Services Portal, Content and Services are all provided on the condition that they be used for your personal, non-commercial use only.  You must not use the Services Portal, Content or Services to further any commercial purpose in any circumstance.  For the avoidance of doubt and without limiting any of the Terms, you must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software or Services contained within this website.

5.6       Confidentiality

You agree:

(a)        that any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us;

(b)        not to disclose such information to any other person or use it in any manner other than in discussion with Participants during participation in the Forum or other interactive Services;

(c)        that all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us;

(d)        that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations; and

(e)        while you are free to discuss your personal results from our Services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence

6. How your subscription ends

6.1       Cancellation

You may cancel your subscription at any time by accessing your Account and submitting a cancellation request within the Services Portal.  Except in the circumstances described in clause 8.2:

(a)        cancellation will take effect from the date your next Subscription Fee was due for payment;

(b)        you will be able to continue to access the Services available for your Membership Tier until the end of the Subscription Period; and

(c)        any Subscription Fees paid in advance are strictly non-refundable.

6.2       Our Right to Suspend and Terminate

We reserve the right to immediately suspend or terminate your Account, subscription, access to the Services Portal, Forum, and/or access to any Services without refund or forgiveness of payments (including Subscription Fees), if you:

(a)        breach any of these Terms – including in circumstances where a Subscription Fee or other payment is not paid by the due date;

(b)        breach any Code of Conduct; or

(c)        become disruptive, aggressive or abusive to us or Participants or otherwise impair the participation of or enjoyment of Participants,

as determined by us in our sole discretion, and we further reserve the right to take any appropriate steps at law to protect our interests or those of third parties.

7. Warranties, liabilities and indemnity

7.1       No warranties or representations

To the maximum extent permitted by law, we make no warranties or representations about the Services, Services Portal or Content including warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.  Nothing in the Terms purports to modify or exclude the conditions, warranties, and other legal rights under the Australian Consumer Law.

7.2       Exclusion of implied terms

Except to the extent that it would contravene any law or cause this clause to be void or unenforceable, each Party excludes all terms implied into the Terms in fact, at law or on any other basis.

7.3       Liability is limited

(a)        The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded.  Such rights include those rights under the Australian Consumer Law.

(b)        We do not make any express or implied representation or warranty about, and shall not be liable for any Losses in connection with the Service Portal, Services, Forum or Content.

(c)        In no circumstances will we be liable for any Losses arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon the Service Portal, Services, Forum or Content.

(d)        These limitations include (but are not restricted to) Losses you might suffer as a result of:

(i)         reliance on the completeness, accuracy, suitability or currency of information, irrespective of any verifying measures taken by us (including third party material and advertisements);

(ii)        failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(iii)       accessing websites or servers maintained by other organisations through links on our website, Services Portal, Forum or Services; or

(iv)       the use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted using the Services Portal or a third party payment gateway.

7.4       Accuracy, completeness and timeliness of information

(a)        The information on our website including the Services Portal is not comprehensive and is intended to provide a summary of the information covered.  While we use all reasonable attempts to ensure the accuracy and completeness of the information, we make no warranty regarding the information.  You should monitor any changes to the information contained on the website including the Services Portal.

(b)        We may, from time to time and without notice, change or add to the Services Portal (including these Terms) or the information or Services described in these Terms.  However, we do not undertake to keep the Services Portal updated and we are not liable to you or anyone else if errors occur in the information on the Services Portal or if that information is inaccurate, not up-to-date, or incomplete.

7.5       Linked sites

The Services Portal may contain links to products, services or websites operated by third parties.  Those links are provided for convenience and may not remain current or be maintained.  Unless expressly stated otherwise, we do not endorse and are not responsible for or have any control over or rights in the content on those linked websites and have no control over or rights in those products, services or linked websites.

7.6       Your indemnity

You indemnify us from all Losses incurred or suffered by you or us as a direct or indirect consequence of:

(a)        using or attempting to use our website, Services Portal, Forum, Services, Content; and

(b)        any breach of law and/or these Terms by you or your agents.

8. Refunds

8.1       General

Unless expressly stated otherwise in these Terms, to the maximum extent permitted by law, refunds are not provided for our Services in any circumstances – irrespective of whether you use or do not use the Services during the Subscription Period, voluntarily or for reasons beyond your control.  For the avoidance of doubt, we do provide refunds if we are legally obliged to provide a refund at law (including pursuant to the Australian Consumer Law).

8.2       New User Refund Offer

(a)        You may cancel your subscription at any time within the first 30 days of your Subscription Period to receive a full refund of your Subscription Fee (New User Refund Offer).

(b)        The New User Refund Offer is valid for new users only.  For the avoidance of doubt, it does not apply if you have already subscribed to a Membership Tier on a previous occasion or if more then 30 days have passed since the commencement of your Subscription Period.

(c)        Unless otherwise agreed in writing by the Parties, your refund claim and paid pursuant to the New User Refund Offer is strictly conditional on:

(i)         your access to the Services being immediately revoked as at the date of the cancellation; and

(ii)        you not accessing the Services at a later date (via the same Account or otherwise).

If (acting reasonably) we determine that you have acted in breach of these conditions:

(i)         you agree to us charging your Payment Method an amount that is equal to the refund originally paid under the New User Refund Offer (in addition to any other amounts payable under these Terms); and

(ii)        we reserve all rights we have under these Terms and at law including our rights at clause 6.2.

(d)        The New User Refund Offer is an offer made by us in good faith.  We reserve the right to refuse a request to cancel pursuant to the New User Refund Offer if we determine (at our sole discretion) that you are abusing this offer.

9. Promotions and competitions

(a)        Your access to our Services may include free trials, campaigns, promotions or contests (Promotional Offer).  We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotional Offer, at our sole discretion and subject to law. We may charge for Promotional Offers based on the then current monthly Subscription Fee for your subscription if we reasonably consider (at our sole discretion) that the Promotional Offer is being abused.

(b)        For certain Promotional Offers, additional terms and conditions may apply.  If you want to participate in such a campaign, promotion or contest, you will be required to agree to the relevant terms and conditions applicable to that campaign, promotion or contest.  In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

10. Intellectual property rights

10.1     Reservation of intellectual property rights

(a)        Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Service Portal and in all of the material (including all text, graphics, logos, audio and software) made available on the Service Portal (Content).

(b)        Your use of the Service Portal does not grant or transfer any rights, title or interest to you in relation to this website or the Content.  We only grant you permission to access the Service Portal and view the Content on these Terms.   All other use, reproduction or redistribution of the whole or any part of the Service Portal and any Content is prohibited to the maximum extent permitted by law and may result in you incurring civil and criminal penalties.

10.2     Copyright and trade mark notices

(a)        All Content within the Services Portal or otherwise supplied as part of the Services from time to time including (but not limited to) course content, text, graphics, information architecture and coding, is subject to copyright.  While you may access, browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of the Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.

(b)        You acknowledge that you do not acquire any ownership rights by using the Services Portal, Services or Content.

(c)        The trademarks, logos, and service marks displayed on or within the Services Portal and Content are the registered and/or unregistered trademarks of Compliance Advocacy Solutions Pty Ltd unless expressly stated otherwise.  The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to we, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.

(d)        Nothing contained on or within the Services Portal, Terms or any Content should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.

(e)        You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of our intellectual property rights.

11. Disclaimer

(a)        The Services are intended for general education and information purposes only.  Nothing on or within the Services Portal, Services or Content purports to offer legal, financial, tax, medical, or other professional advice.

(b)        We cannot and do not make any guarantees about any results (including income, professional development and career progression) arising directly or indirectly from your use of the Services including our ideas, information, tools, or strategies.

(c)        Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.  You acknowledge and agree that us and our directors, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

(d)        Your use of the Services Portal, Services and Content is at your own risk.

12 . Personnel and subcontracting

You acknowledge and agree that we may provide certain aspects of the Services to you through a number of personnel and subcontractors.  Except in circumstances where the Service is expressly described in these Terms as being supplied by a named member of our personnel, we are unable to guarantee any specific personnel will be available to provide the Services and if necessary, we may need to vary or substitute the personnel providing the Services.

13. No assignment

You cannot transfer or assign your membership without our prior written consent.  We may assign or transfer our obligations under these Terms at any time.

14. Dispute resolution

(a)        If a Dispute arises, either Party may deliver a written notice to the other Party which states that it is a notice of Dispute under this clause 14 and provides full details of the Dispute.

(b)        Within 5 Business Days of delivery of a notice of Dispute, representatives of the Parties who have authority to resolve the Dispute must meet in good faith and use their best endeavours to resolve the Dispute.  Communications between the Parties during that meeting are not admissible as evidence in any legal process unless in writing and signed by both Parties.

(c)        No Party may commence proceedings in court in relation to a Dispute unless a notice of Dispute has been delivered in relation to that Dispute and the Party has used its best endeavours to comply with this clause 14.  For the avoidance of doubt, nothing in this clause 14 limits a Party’s rights to seek urgent injunctive or urgent declaratory relief.

15 . Jurisdiction and governing law

Your use of the Services Portal and our Services and these Terms are each governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

16. Contact Us

We welcome any feedback our customers have regarding the Services Portal, the Services and how we can improve your user experience.  If you need to contact us in relation to these Terms or wish to provide general feedback, requests and/or complaints, please contact us using the following contact details:

Mobile:              0419 695 173

Email:               paul.muir@complianceadvocacysolutions.com.au

Post:                 C/ CPA Partners Suite 1/5 Macquarie Street Parramatta NSW 2150

 

Effective date: 1 June 2020                                                                        

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