Terms and Conditions

 

1. Introduction to Terms


The Platform is owned and operated by us. The Platform is an application designed for completing CPD Activities and maintaining records about your completion of CPD Activities.

You agree to the Terms by using the Platform. You agree not to use the Platform if you do not agree to any part of the Terms.

 

2. Conditions of Use


We grant you a limited and revocable license to view and use the Platform, and to register an Account, in accordance with the Terms if you:

At our discretion, we may immediately revoke the licence to use the Platform if you breach any of the conditions above.

 

3. Accounts

 

 

4. Provider’s relationship to transactions between users

 

 

5. CPD Activities and Content

 

 

6. Errors


You agree and acknowledge that there may be technical or administrative errors in the information on the Platform, including but not limited to errors with respect to CPD Activities and Content.

We reserve the right to do any of the following, at our absolute discretion, without notice:

 

7. Posted Content


You warrant that any Posted Content uploaded by you on the Platform is not:

You agree that any comments or opinions that you express in Posted Content will be fair, accurate and genuinely held at the time of communication.

We make no warranties as to the accuracy of any Content posted by users of the Platform, and will accept no liability for errors or omissions in general in relation to that Content.

 

8. Licence to Posted Content

 

 

9. Privacy and Data Retention

 

 

10. Third Party Websites and Advertising

 

11. IP Rights

 

12. Complaints about the Platform

 

13. Exclusion of express warranties

You acknowledge that you use the Platform at your own risk. We make no warranties or guarantees, implied or express:

 

14. Limitation of liability

Implied Conditions

We exclude all implied guarantees, conditions and warranties from the Terms and the Platform, except any Non Excludable Condition.


Limitation of Liability

We exclude all other liability to you for any Costs, including Consequential Loss, suffered or incurred directly or indirectly by you in connection with the Terms or the Platform, including in connection with:


Non Excludable Condition

Where a Non Excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to:

 

15. Limitations and exclusions subject to the law

All limitations and exclusions in the Terms:

 

16. Indemnity

User indemnifies the Indemnified against all Costs suffered or incurred by the Indemnified, however caused, arising wholly or partially, directly or indirectly, in connection with the Terms or User’s use of the Platform, including any Costs arising directly or indirectly from:

 

17. Conditions of indemnity

 

18. Termination

 

19. Communications

 

20. Amendment

 

21. Relationship of parties

The relationship between the parties under the Terms does not form a joint venture or partnership.

 

22. Assignment and novation

 

23. Governing law

The laws of the state of Queensland govern the Terms and each party submits to the non- exclusive jurisdiction of the courts in that jurisdiction.

 

24. General and interpretation

Further assurances

The parties agree to do everything required to give full effect to the Terms.


Entire agreement

The Terms and any other document incorporated by reference constitute the entire legal agreement. The parties agree that they have not relied on any representation or statements outside the terms of the Terms.


Waiver

No right or obligation under the Terms will be waived unless the waiver is explicitly waived in writing.


Severance

Any unenforceable or invalid term of the Terms will be severed to the extent of the unenforceability or invalidity without affecting any other term in the Terms.


Binding on successors

The Terms are binding on each party's successors and permitted assigns.


Interpretation

Unless the terms and conditions of the Terms explicitly state otherwise, the Terms will be interpreted as follows:

 

25. Definitions

Account means a membership account on the Platform.

Communication means any written communication including each notice, consent, approval, request and demand under or in connection with the Terms.

Complaint Notice means the notice provided by User to Provider as described in the clause entitled "Complaints about the Platform".

Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive or exemplary loss or damages.

Content means all information, graphics, HTML, text, software and materials on the Platform.

Content Provider means a third party individual or organisation that provides content on the Platform.

Costs means any costs, expenses, losses, damages, claims, demands, proceedings, and other liability.

CPD Activity means a continuing professional development activity provided by us or a Third Party via the Platform.

Data means information that you upload to, or generate on, the Platform including account registration information, records of participation or completion of CPD Activities, Personal Information and Posted Content.

Indemnified means us and our directors, employees, contractors and agents.

IP Rights means all present and future rights conferred by statute, common law or equity in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties,
recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.

Non-Excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.

Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).

Platform means the mobile app and website called CPD ANYTIME. A reference to use of the Platform also refers to use of the Content.

Posted Content means any Content that you upload to the Platform, which may include comments, reviews or ratings about CPD Activities.

Privacy Policy means our privacy policy.

Terms means the legally binding contract arising between the parties composed of the terms and conditions in this document.

Third Party means third party businesses, people and websites.

You means the user of the Platform or the holder of an Account on the Platform.

We, Us, Our means GRT Applications Pty Ltd as trustee for the GRT Solutions Unit Trust trading as CPD Anytime (ABN 81 862 449 746) of 3 / 915 Ann Street, Fortitude Valley Qld
4006, Australia.

Website means our website.