Terms and Conditions

Last updated 6 April 2016

Terms of Use

This site, currently accessible at www.gocpd.com.au (the “Site”) is made available to you by DBAInc & BDT ("GoCpd") subject to these terms and conditions, including those set forth in the Privacy Policy (the "Terms"). By accessing, using or downloading any materials from the Site, you agree to follow and be bound by the Terms, which may be updated by GoCpd from time to time without notice to you. You can review the most current version of the Terms at any time by visiting "Terms" on the Site. GoCpd and its third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in this Site at any time without notice. If you do not agree with the Terms, please do not use this Site. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.

GoCpd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portion thereof with or without notice. You agree that GoCpd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.

Registration

To use the services available on the Site, you must complete the membership registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form ("User Data") and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that GoCpd may use your User Data to provide services on the Site for which you have expressed interest. If you provide any information that is inaccurate or not current, or GoCpd has reasonable grounds to suspect that such information is inaccurate or not current, GoCpd has the right to suspend or terminate your account and refuse any and all current or future use of the Site. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.

User Conduct

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify GoCpd of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to GoCpd.

You understand that all information, data, text, software, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, available in connection with the Site are the sole responsibility of the person from whom such Content originated. This means that you, and not GoCpd, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. GoCpd does not control or monitor the Content posted to the Site by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GoCpd be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.

You agree to not use the Site to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail","spam", "chain letters", "pyramid schemes", or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the Site or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Site.

You acknowledge that GoCpd may or may not pre-screen or monitor Content, but that GoCpd and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Site. Without limiting the foregoing, GoCpd and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Site, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that GoCpd may access, preserve and disclose your User Data and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of GoCpd, its users and the public. Subject to the foregoing, GoCpd will use reasonable efforts to maintain the confidentiality of your User Data.

Content Submitted to the Site

GoCpd does not claim ownership of Content you may submit or make available for inclusion on the Site. However, with respect to Content you submit or make available for inclusion on the Site (other than User Data), you grant GoCpd a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the Site for the purposes of providing and promoting the Site and the features and services available on the Site.

The Site may provide you with the option of making certain Content that you submit to the Site as private or available only to select users of the Site. If, upon submission of Content to the Site, you initially elect to mark such Content as private or available for a limited group of users, GoCpd will maintain the privacy of such Content in accordance with your election.

Links

The Site may provide, or third parties may provide, links to other Internet sites or resources. Because GoCpd has no control over such sites and resources, you acknowledge and agree that GoCpd is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.

You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray GoCpd or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.

Interactions with Site Users

The Site functions as a venue to connect members in a virtual information place. As a neutral facilitator, GoCpd is not directly involved in the actual transactions between members of the Site. As a result, GoCpd has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Site. GoCpd shall have no responsibility to confirm the identity of members. GoCpd shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Site. You shall at all time exercise common sense and good judgment when dealing with any user of the Site.

If you elect to use our "invite friends" service or similar Site features for informing a friend about our Site, GoCpd will require you to provide your friend’s contact information and/or email address. GoCpd will automatically send that friend a one-time email. GoCpd may store the information you provide for a period of time, provided that GoCpd will use such information only to identify if your friend is or later becomes a user of the Site. You represent that you are authorized to provide any third party email address or other information that you provide to GoCpd.

Proprietary Rights

You acknowledge and agree that the Site, any necessary software used in connection with the Site (if any) and any Content available on the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by GoCpd or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the software or Content available on the Site (other than Content that you may submit), in whole or in part.

GoCpd grants you a personal, non-transferable and non-exclusive right and license to access and use the Site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site. You agree not to access the Site by any means other than through the interface that is provided by GoCpd for use in accessing the Site.

Any third party trademarks or service marks displayed on the Site are the property of their respective owners.

GoCpd reserves all rights not expressly granted hereunder.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and services we make available through the Site (collectively, "Feedback"). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to GoCpd a worldwide, non-exclusive, transferrable, assignable, sub-licenseable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send GoCpd any Feedback that you do not wish to license to us as set forth above.

Limitation of Liability

As a user of the website, you expressly agree and acknowledge that in no circumstances will GoCpd be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by GoCpd) which result from:

Excluding liability for negligence the maximum liability of GoCpd is equivalent to the total of any amounts you have paid to GoCpd in respect of goods or services supplied to you by GoCpd or $500, whichever is less.

Indemnity

You agree to indemnify and hold GoCpd and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Site, your use of the Site, your continuing professional development activities which generate the Content you post or seek to post on the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another person or entity.

Termination

You agree that GoCpd may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Site. Termination of your account may include (x) removal of access to all offerings within the Site, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the Site. Further, you agree that all terminations for cause shall be made in GoCpd’s sole discretion and that GoCpd shall not be liable to you or any third party for any termination of your account or access to the Site.

Applicable Law

These Terms are governed by the laws of Victoria, Australia.

General

You agree that no joint venture, partnership, employment or agency relationship exists between you and GoCpd as a result of the Terms or your use of the Site. The Terms constitute the entire agreement between you and GoCpd with respect to your use of the Site. The failure of GoCpd to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of GoCpd. GoCpd has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Site. GoCpd’s notice to you via email, regular mail or notices or links on the Site shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Contact Us

If you have any questions regarding these Terms, please contact us by email at support@gocpd.com.au