CPD BOX - TERMS AND CONDITIONS

This online platform (Platform) is operated by Janelle Sultan trading as CPD BOX ABN 44 942 557 095 or its successors and assignees (we, our or us).  It is available at: https://www.cpdbox.net/ and may be available through other addresses or channels.

In these terms and conditions, Platform refers to our website regardless of how you access it. The Platform connects providers of continuing professional development course for architects and designers (CPD Course Providers) with people who would like to undertake such courses (Customers) by facilitating introductions between CPD Course Providers and Customers.

Acceptance

By accessing and/or using our Platform, you, each person, entity or organisation using our Platform (referred to as you) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms)); (ii) warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and (iii) agree to use the Platform in accordance with these Terms.

If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

Platform Summary

(a)          The Platform provides an introductory service for CPD Course Providers and Customers.

(b)          You can browse and view the Platform as an unregistered user of the Platform. 

(c)          A CPD Course Provider with an ability to provide CPD courses posts an accurate and complete description of the CPD course to be provided (including the fee or price to be paid by the Customer) (Listing).

(d)          A Customer with a requirement for a CPD course reviews the Listings uploaded by CPD Course Providers and makes a request for a booking (Booking Request) which is sent to the CPD Course Provider’s website or its third party booking platform through the Platform.

(e)          Upon paying a CPD Course Provider for a CPD course, a booking is made (which becomes a Booking).

(f)          Bookings are personal to Customers and are not transferrable.

(g)          It is the Customers responsibility to ensure Customer uses the booking service within Customer’s calendars to ensure attendance of Customer and any teams of Customer.

(h)         Customer must provide up to date Customer contact details.

(i)          Customers may browse CPD Course Provider Pages for information about a CPD Course Provider and Customers can also choose to follow CPD Course Providers on the Platform and receive notifications regarding the CPD Course Provider’s activities.

(j)          You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. Course Providers are not our employees, contractors, partners or agents.

(k)          We are not a party to any agreement entered into between a CPD Course Provider and a Customer. We have no control over the conduct of CPD Course Providers, Customers or any other users of the Platform.  

(l)           We accept no liability for any aspect of the Customer and CPD Course Provider interaction, including but not limited to the description of products and services offered and the performance of services We do not assist or involve ourselves in any way in any dispute between a Customer and a CPD Course Provider.

Collection Notice

(a)           We may collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b)          We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(c)           Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 

(d)          By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Fees and Payments

(a)           It is free to use the Platform. There is no charge for users to review content on the Platform, including Listings.

(b)          All payments will be made through our CPD Course Provider’s websites or their third party payment processor or by any other payment method set out on the CPD Course Provider’s website or their third party payment processor.

(c)          We do not currently accept payment for CPD courses. All payments are made directly to CPD Course Providers.

(d)          We may be paid a commission by CPD Course Providers when Customers make a Booking or a listing fee for a CPD course by CPD Course Providers.

Refund and Cancellation Policy

(a)          Any cancellation, exchange or refund of CPD course is strictly a matter between the CPD Course Provider and the Customer. The terms and conditions agreed to between the CPD Course Provider and the Customer should be set out clearly on the CPD Course Provider’s website in respect of the CPD Courses.

(b)         Bookings for free courses can be cancelled up to 72 hours prior to the agreed time of the course.

Licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

(c)           interfering with any user using our Platform;

(d)          tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;

(e)          anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;

(f)            using our Platform to find a Customer or CPD Course Provider and then completing a Booking or transaction independent of our Platform;

(g)          as a CPD Course Provider, offering any CPD courses that you do not intend to honour or cannot provide;

(h)          using our Platform to send unsolicited email messages; or

(i)           facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Information

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

(a)           copy or use, in whole or in part, any Content;

(b)           reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)           breach any intellectual property rights connected with our Platform, including (without limitation) by:

(1)           altering or modifying any of the Content;

(2)           causing any of the Content to be framed or embedded in another website; or

(3)           creating derivative works from the Content.

Third party sites: Our Platform may contain links to websites operated by third parties, including CPD Course Providers.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites. 

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, CPD Course Providers, Customers, CPD courses or Listings including (without limitation) that:

(a)           they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(a)           access will be uninterrupted, error-free and free from viruses;

(b)           our Platform will be secure;

(c)           that Customers will find desirable CPD courses;

(d)           CPD courses are of a particular standard of workmanship, fulfill any professional CPD requirements, or meet the Listing description.

You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

(a)           our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed $1; and

(b)           we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(c)           Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any: 

(1)           loss of, or damage to, any property, or any injury or loss to any person;

(2)          failure or delay in providing the Platform or our services; or

(3)          breach of these Terms or any law,

where caused or contributed to by any:

(4)           event or circumstance beyond our reasonable control;

(5)           a fault, defect, error or omission in your computing environment; or

(6)           act or omission of you or your related parties,

(7)           and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products. 

(d)           You acknowledge and agree that (i) you use the Platform or our services at your own risk, (ii) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

(e)           You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

(f)             Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.     

(g)           This clause will survive the termination or expiry of these Terms.

Disputes

We encourage CPD Course Providers and Customers to attempt to resolve disputes (including claims for refunds) with other users directly.

General

Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must not use the Platform.

Assignment: We may without restriction assign, transfer or delegate our rights and obligations under these Terms.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

For any questions and notices, please contact us at:

Janelle Sultan trading as CPD BOX ABN 44 942 557 095

Email: bookings@cpdbox.net

Last update: 17 April 2019