KPA maintains this website , any courses offered and other linked and related sites (the “Site”) for the use of its clients, students, and other Site users (“Users”) upon agreement to the following terms. Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between you and KPA. If you do not agree to these terms, do not use this Site.
KPA provides various course materials (e.g.course manual, quizzes, case studies, worksheets and resource lists) and other information on this site, and in courses offered through this site (the “Materials”).
KPA remains the sole owner of Intellectual Property of all KPA training content and resources. KPA authorises each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed, provided that Users make no modifications to the Materials. All copyright and other proprietary notices contained in the original Materials must be maintained on any copies of the Materials. Users may not modify the Materials in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Course materials cannot be redistributed for commercial purposes as per the Copyright Act 1968. Any breach of these Terms of Use automatically terminates your authorized use of the Site.
As a User you warrant that you are not an agent or employee of any other test preparation company , competitor or training provider and are using the Site and Materials solely for the purpose of individual learning, and to meet your quality standards.
KPA and certain other, trademarks, and service marks are marks of KPA. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.
Links to external websites are provided solely as a convenience to you. KPA has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. KPA further does not warrant the accuracy and completeness of the Materials at this Site. KPA may, from time to time, make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and KPA makes no commitment to update the Materials at this Site.
In no event will KPA, its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, those resulting from lower test scores , interruption of services or inaccurate information) arising out of the use, inability to use, or the results of the use of this Site, any websites linked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
The Terms of Use are governed by the laws of the Commonwealth of Australia. Failure to enforce strict performance of the Terms of Use shall not be construed as a waiver of any provision or right. KPA may assign its rights and duties under the Terms of Use without notice to any party at any time.
The Terms are effective as of February 1st, 2021 and are subject to change without notice by KPA at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.
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9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
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9.1.1 You must not use obscene or vulgar language;
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9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
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9.1.3 You must not submit Content that is intended to promote or incite violence;
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9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
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9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
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9.1.6 You must not impersonate other people, particularly employees and representatives of Kate Pascale & Associates or Our affiliates; and
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9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
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9.2 You acknowledge that Kate Pascale & Associates reserves the right to monitor any and all communications made to Us or using Our System.
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9.3 You acknowledge that Kate Pascale & Associates may retain copies of any and all communications made to Us or using Our System.
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9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
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10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
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10.1.1 all information you submit is accurate and truthful;
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10.1.2 you have permission to submit Payment Information where permission may be required; and
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10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
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10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
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10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
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10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
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11.1 Either Kate Pascale & Associates or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
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11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
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17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
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17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
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17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
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17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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14.1 The Website is provided “as is” and on an “as available” basis. Kate Pascale & Associates uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
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14.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
