Terms of use

1 Your agreement with us

1.1 By using or accessing our website www.publicaccountants.org.au ("website") you agree to comply with and be bound by the following terms and conditions ("Terms of Use").

1.2 In these Terms of Use, a reference to "we", "us" and "our" means Institute of Public Accountants (ABN 81 004 130 643) ("IPA"). A reference to "you" or "your" in these Terms of Use is a reference to any person accessing our website.

1.3 Except to the extent that these Terms of Use apply or as required by law, your use of our website and receipt of any information from us does not create any legal relationship between you and us.

2 Use of this website and Access

2.1 You may access our website at any time unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access our website will otherwise depend on factors out of our control and we do not take or share any responsibility for those factors such as the quality of your internet connection and the state of your hardware.

2.2 IPA accepts no responsibility for the accuracy of information in articles and/or advertisements that are placed on our website.  

2.3 IPA welcomes its members and external parties to submit articles to us for publication. However, IPA does not guarantee that it will publish such submissions or articles. IPA reserves its right to edit any submissions or articles before publication.

2.4 IPA accepts articles for publication only on the condition that the authors give the IPA an irrevocable non-exclusive license to publish those article, and authorise the IPA to give permission to other persons and organisations to reproduce those articles in whole or in part for educational and training purposes, as well as on the IPA website or pubacct.org.au.

2.5 All efforts are made to ensure that articles published on our website are correct at the time of their original print. Past editions are provided for general information purposes only.  Archived articles should not be relied upon as current information.

3 Your obligations

By accessing and using our website you warrant and agree that you will:

(a) be solely responsible for all your activities on our website, including your activities on your IPA member account;

(b) only use your account to view, cache, browse, display, print or download a copy of any content featured on the IPA website to your computer;

(c) keep all passwords, account names, tokens or log in identifications required to access our website secure and confidential;

(d) not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;

(e) not hack into, change or otherwise knowingly transmit a virus or otherwise damage the IPA website or any information contained within it;

(f) not use our website for any activity which is obscene, indecent, offensive or defamatory;

(g) not tamper with, hinder the operation of or make unauthorised modifications to our website;

(h) not connect our website to any other network without our prior written permission;

(i) not use any part of our website to send commercial electronic messages in contradiction of the Spam Act 2003 (Cth);

(j) not upload onto our website any material, or use our website in any way that:

(i) infringes the intellectual property rights of any person; or  (ii) is unlawful or violates any law; and

(k) not breach any terms of these Terms of Use, our Privacy Policy and/or any other policies applying to you as an IPA member or website user.

4 Technical Information and Security

4.1 The transmission of data over the internet is not always secure. Although we endeavour to secure our website, we are not liable for any breaches of security. You use and access our website entirely at your own risk.

4.2 We do not warrant that functions available on our website will be uninterrupted or error free, or free of viruses or programming bugs or interferences due to factors outside our control.

4.3 You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

5 Intellectual Property

5.1 The IPA website contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.

5.2 You should assume that all intellectual property on our website is owned by us or third parties and unless permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent.

6 Suspension or Termination of Use

6.1 We reserve the right to suspend or terminate your account or access to our website at our sole discretion if we believe that you have breached these Terms of Use.

6.2 We will endeavour to notify you of a breach by you of these Terms of Use and ways in which you can remedy those breaches.

7 No Circumvention

7.1 Where we have suspended or terminated your account or access to our website, you must not attempt to circumvent this action by registering or attempting to register again under alternative username(s).

8 Third Party Websites and Third Party Content

8.1 Our website contains links to third party websites. The goods and services advertised for sale on our website may be goods and services of third parties. We are not responsible for the operation, security levels, content or any other aspect of any third party websites.

8.2 Links to third party websites are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services. We make no representations or warranties and are not liable for the content or accuracy of any information contained in linked websites and third party websites.

8.3 Third party websites may be governed by their own terms of use (including a different privacy policy), which will apply to your use and acquisition of products from third party websites. We strongly recommend that you read their terms and conditions.

9 Comments

9.1 You may be given the opportunity to provide comments, feedback, ideas or suggestions through our website ("Comments"). By uploading, transmitting, posting or otherwise making available any Comments you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and/or exploit such Comments for any commercial or non-commercial purpose;  (b) warrant that in providing your Comments, the Comments do not  breach any laws or regulations or these Terms of Use; and  (c) you give your unconditional and irrevocable consent to any act by us which would otherwise, but for your consent, infringe your moral rights (as defined by the Copyright Act 1968) which you may have in respect of your Comments.

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

(a) prevent the upload, transmission, posting or otherwise making available any Comments;  (b) review, modify, reformat, reject or remove any Comments that, in our opinion, violates these Terms of Use or otherwise have the potential to harm, endanger or violate the rights of any person; and  (c) monitor the use of Public Accountant, and store or disclose any information that we collect, including in order to investigate compliance with these Terms of Use or for the purposes of any police investigation or governmental request.

9.3 You agree to accept full responsibility for any Comments you upload, post, transmit or otherwise make available on our website and you agree that we will not be liable for those Comments.

9.4 You must not post Comments containing links or references to other services.

9.5 By allowing you to upload, post, transmit or otherwise make available your Comments on our website, we are not to be taken as having endorsed any opinion, advice or statement made by you.

10 Disclaimers

10.1 Except to the extent required by law, the contents of our website are provided without any express or implied representations or warranties. We exclude all implied conditions and warranties relating to the content of our website to the extent permitted by law. Where liability cannot be excluded, any liability incurred by us in relation to the use of our website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

10.2 You agree that IPA and its committee of management, officers, employees, agents, contractors, service providers, successors or assigns will not be liable for any direct or indirect loss or damage, whatsoever (including through negligence) arising out of, or in any way related to, the use of our website or any other third party linked website.

10.3 Under no circumstances will we be liable for any incidental, direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer including damages for loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of our website.

10.4 We are not responsible to you or anyone else for any loss suffered in connection with the use of our website, any of its contents, for any loss incurred as a result of damage to your or another person's computer system or the transmission of any computer viruses.

10.5 You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with your breach of these Terms of Use or of any other legal obligation by you or your use of or conduct on our website.

11 Privacy Policy

11.1 Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our website.

11.2 In the course of using our website you may come into contact with and be provided with personal information belonging to other IPA members or website users.  By accessing and using our website you agree to treat that personal information on the same terms and in accordance with our Privacy Policy.

12 General

12.1 These Terms of Use are in addition to, and not in derogation of, any other terms or conditions that appear elsewhere on our website and must be interpreted accordingly.

12.2 These Terms of Use may be varied by us from time to time and without notice to you. Please ensure that you review these Terms of Use regularly as you will be deemed to have accepted a variation if you continue to use our website after a variation to the terms has been posted.

12.3 If any part of these Terms of Use is determined to be illegal, invalid or otherwise unenforceable or void, that part shall be severed to the extent necessary and the remainder of these Terms of Use shall continue in full force and effect.

12.4 No waiver of any breach of these Terms of Use will be construed as a waiver of any other breach of these Terms of Use.

12.5 Information on this site is provided for Australian residents only.

12.6 The Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms of Use will be heard in Victoria and you agree to submit to the jurisdiction of those courts.

13 Contact    

For further information on using our website, please contact: marketing@publicaccountants.org.au
-or-  
Level 6, 555 Lonsdale Street, Melbourne, Victoria, Australia, 3000