Terms and Conditions

Welcome to My CPE Pty Limited (“My CPE”), an online learning management service (Service) designed specifically to deliver education to the bookkeeping and accounting professional. These Terms and Conditions are intended to explain our obligations as a service provider and your obligations as a user (User). This is important and affects your legal rights, so please read them and our Privacy Policy and other terms referenced in this document carefully.

This Agreement is binding on any use of the Service and applies from the time that My CPE provides the User with access to the Service. By registering to use the Service you acknowledge that you have read and understood these Terms and Conditions and you are deemed to have agreed to these Terms and Conditions. If you do not agree to these terms and conditions, please do not use the site.

My CPE reserves the right to change the terms and conditions at any time, effective upon the posting of a modified version to this website. My CPE will make every effort to communicate these changes to you via email or notification on the website. It is expected the terms and conditions will change over time. It is your obligation to ensure that you have read, understood and agree to the most recent Agreement available on this website.

Your continued use of this site following the posting of any changes to this Agreement shall mean that you have accepted those changes. If you have any questions or concerns, please contact us.

  1. Rights we grant you

The Service and the Content are the property of My CPE Pty Limited and its licensors. We grant you limited, non-exclusive, revocable permission to access the Service, and limited, non-exclusive, revocable permission to access the Content for personal, non-commercial, educational purposes (your “Access”). Your Access shall remain in effect until and unless terminated by you or My CPE. You agree that you are accessing the Content for your own personal educational purposes and that you will not copy, redistribute or transfer the Service or the Content.

Our Applications are not sold, to you. My CPE and its licensors retain ownership of the Content and all components of the Application. Your Access to the Content does not give you any ownership rights to the Content. All our trademarks, service marks, trade names, logos, domain names, and any other features of the My CPE brand (“Service Brand Features”) are the sole property of My CPE or its licensors. The Agreement does not grant you any rights to use any Service Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the Service, or any part thereof, or access the Content, or any part thereof, in any manner not expressly permitted by the Agreement. Except for the rights expressly granted to you in this Agreement, Service grants no right, title, or interest to you in the Service or Content.

Third party software (for example, open source software libraries) included in the Service are made available to you either under the Agreement or under the relevant third party software library’s licence terms.

 The User must not:

  1. copy the Application or allow the Application to be copied;
  2. translate, adapt, vary or modify the Application;
  3. disassemble, decompile or reverse engineer the Application;
  4. sub-license, rent, lease or transfer the Application to any other person or entity, whether on a permanent or temporary basis;
  5. use the Application for any other purpose than that provided to them by My CPE; or
  6. permit any person, whether a competitor of My CPE or otherwise, to access, use or demonstrate the Application for any reason, including for the purposes of improving any product or selling any product to any person.

The User must:

  1. use the Application in accordance with the terms and conditions of this agreement;
  2. not make available the Application in whole or in part (including object code and source code), in any form to any person; and
  3. demonstrate high standards of honesty and integrity in their personal and professional conduct and not involve themselves in academic misconduct including academic dishonesty or academic fraud.

My CPE has no obligation to provide any services directly to the User but may do so at its sole discretion.

  1. Third Party Applications

The Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available Content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that My CPE does not endorse and is not responsible or liable for the behaviour, features, or Content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreement and have the right to enforce the Agreement directly against you. Other than as set out in this section, the Agreement are not intended to grant rights to anyone except you and My CPE, and in no event shall the Agreement create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreement are not subject to the consent of any other person.

  1. Rights you grant us

In consideration for the rights granted to you under the Agreement, you grant us the right

  1. to allow the Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service
  2. to provide advertising and other information to you, and
  3. to allow our business partners to do the same. In any part of the Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to My CPE (e.g. webinars) may contain advertising as part of the Content. In such cases, we will make such Content available to you unmodified.

If you provide feedback, concepts or recommendations to My CPE in connection with the Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorise My CPE to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

  1. Service limitations and modifications

My CPE will make reasonable efforts to keep the Service operational. However, unforeseen technical difficulties or scheduled maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, My CPE reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid a fee for your Subscription that My CPE permanently discontinues prior to the end of the Pre-Paid Period, we will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that My CPE has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific Content through the Service. This section will be enforced to the extent permissible by applicable law. My CPE and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

  1. Support

Support with account-related and payment-related questions can be submitted using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all support requests within a reasonable time frame but we make no guarantees or warranties of any kind that any request will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such request.

  1. Payments, Refunds and Cancellations

Annual Subscriptions can be purchased directly from My CPE or through a third party, by paying the annual subscription fee. Unless your Subscription has been cancelled, your payment to My CPE will automatically renew at the end of the subscription period. A cancellation will take effect within 5 business days after we receive your notification, and you will be downgraded to the free Service.

If you wish to receive a full refund for any monies paid, you must contact Customer Support.

If you have purchased your Subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms and Conditions). To cancel your subscription, you must cancel directly with that third party.

My CPE may change the price for the Subscription from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

  1. Term and termination

The Agreement will continue to apply to the User until terminated by either the User or the Service. However, the User acknowledges and agrees that the right granted to you in relation to Content, including feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. My CPE may terminate the Agreement or suspend the User’s access to the Service at any time, including in the event of your actual or suspected unauthorised use of the Service and/or Content, Academic Misconduct or non-compliance with the Agreement. If the User or My CPE terminates the Agreement, or if My CPE suspends your access to the Service, you agree that My CPE shall have no liability or responsibility to you and My CPE will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.

  1. Intellectual Property

This system contains privileged information available to our Users and is intended for authorised users only. Access and activities on this system may be monitored. Users of this system represent that they have been properly authorised by My CPE to access the system. My CPE may instigate proceedings seeking to recover damages for any unauthorised use or access to the system. Unauthorised user access may also attract criminal sanctions under State and Commonwealth legislation.

The User acknowledges and agrees that My CPE owns all intellectual property (including copyright, trademarks and patents) in or in relation to the Application and documentation; and

The User must not during or after the expiry or termination of this agreement in any way dispute My CPE’s ownership.

  1. Warranty

My CPE warrants that it is entitled to grant the licence in this Agreement to the User.

The User acknowledges that the Application in general is not error-free and agrees that the existence of such errors will not constitute a breach of this Agreement.

To the extent permitted by the applicable law, My CPE disclaims all warranties with respect to the Application, expressed or implied, including but not limited to any implied warranties of merchantability or fitness for any particular purpose.

Although My CPE does not warrant that the Application will be free from all viruses, malware or other harmful components, it has used commercially reasonable efforts to check for the most commonly known issues within the Application.

  1. Liability

My CPE will not be liable to the User for any loss or damage howsoever caused arising (whether in contract, tort or otherwise) directly or indirectly in connection with this Agreement, the Application, its use or otherwise, except to the extent to which it is unlawful to exclude such liability under applicable law.

  1. Privacy

Please read the Privacy policy for further information.

If you are enrolling in courses that require a Registered Training Organisation, acceptance of the Terms and Conditions is your acknowledgement of express permission to share your information. The third party is a Registered Training Organisation and this information will be used for the sole purpose of enrolment in these courses.

  1. Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between the User and My CPE, the Agreement constitute all the terms and conditions agreed upon between the User and My CPE and supersede any prior agreements in relation to the subject matter of this Agreement, whether written, verbal or otherwise.

  1. Severability and waiver

Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by My CPE or any third party beneficiary to enforce the Agreement or any provision thereof shall not waive My CPE’s or the applicable third party beneficiary’s right to do so.

  1. Assignment

My CPE may assign the Agreement or any part of thereof, and may delegate any of its obligations under the Agreement. You may not assign the Agreement or any part of thereof, nor transfer or your rights under the Agreement, to any third party.

  1. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold My CPE harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Service; and (4) your violation of any law or the rights of a third party.

  1. Governing Law / Jurisdiction

The law of New South Wales governs this Agreement.

  1. Contact us

Thank you for reading our Terms and Conditions. If you have any questions concerning the Service or the Agreement, please contact customer service.

We hope you enjoy all the benefits My CPE has to offer and as a special gift contact us with Code: Free101 to access your FREE course.

These Terms and Conditions were last updated on 13 May 2019.

  1. Definitions

“Agreement”

means these Terms and Conditions.

“Access Fee”

means the annual fee (including any GST) payable by You in accordance with the Fee Schedule.

“Application”

means the Internet site at the domain www.MyCPE.com.au or any other site operated by My CPE Pty Ltd.

“Confidential Information”

includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

“Content”

means any data inputted by My CPE, You or with Your authority into the Website.

“Data”

means any data inputted by My CPE, You or with Your authority into the Website.

“Fee Schedule”

means the information relating to the annual access fee or billing set out on the My CPE course catalogue pages on the Website, or any other page(s) on the Website notified by My CPE, which may be updated or amended by My CPE from time to time.

“Intellectual Property Right”

means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

“Service”

means the online learning management system made available (as may be changed or updated from time to time by My CPE) via the website.

“Website”

means the Internet site at the domain www.MyCPE.com.au or any other site operated by My CPE Pty Ltd.

“My CPE”

means My CPE Pty Ltd which is a proprietary limited company registered with the Australian Securities and Investment Commission.

“Our”

means My CPE Pty Ltd which is a proprietary limited company registered with the Australian Securities and Investment Commission.

“Subscription”

means a paid subscription to access to the Service for the duration of the agreed term.

“User”

means the person who registers to use the Service. “Your” has a corresponding meaning. “You” has a corresponding meaning.

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