OUR SERVICES AND PRICES

CPD Concierge — Terms and Conditions (Australia)

Last updated: 11th August 2025
Operator: Transparent Technology (ABN 66155 517 632) trading as CPD Concierge 
Contact: admin@cpdconcierge.com.au

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1. Acceptance

By creating an account, paying a subscription, or using our services, you agree to these Terms and any documents referenced here (together, the Agreement). If you are entering into this Agreement on behalf of a practice or company, you represent that you are authorised to bind that entity.

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2. Services

We provide administrative support to track, organise, and document CPD activities and related records, including optional assistance accessing your CPD Home with your permission (the Services). We do not provide medical, legal, tax or accounting advice.

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3. Eligibility

You must be at least 18 and able to form a binding contract. If you use the Services for or on behalf of a practice/company, you remain responsible for your users’ compliance.

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4. Accounts & Security

You are responsible for the accuracy of account information, safeguarding credentials, and promptly notifying us of any unauthorised use. If you authorise us to access a CPD portal that uses multifactor authentication (2FA), you will facilitate time-bound access sessions and remain responsible for revoking access where appropriate.

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5. Subscription, Fees & Invoices

a) Fees are as shown at sign-up or in your Order/Proposal and are exclusive of GST unless stated otherwise. GST (if applicable) is added as per the A New Tax System (Goods and Services Tax) Act 1999.
b) Billing may be monthly or annually in advance. You authorise recurring direct debit/credit card charges until cancellation.
c) Late amounts may incur reasonable admin/collection costs. We may suspend Services for invoices overdue by 14 days after notice.

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6. Term, Renewal & Cancellation

a) This Agreement starts on the date you first accept it and continues for your chosen billing period, renewing automatically unless cancelled.
b) You may cancel at any time; cancellation takes effect at the end of the current paid term. We do not offer change-of-mind refunds, subject to your rights under the Australian Consumer Law (ACL).
c) We may terminate on 30 days’ notice, or immediately if you materially breach the Agreement, misuse the Services, or fail to pay.

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7. Your Responsibilities

a) Accuracy: You must provide complete and accurate information and keep copies of your own records.
b) Authorisations: You warrant you have all rights and consents needed for us to handle your CPD data and interact with third-party portals as directed by you.
c) Lawful use: You must not use the Services to infringe rights, breach professional obligations, or for unlawful purposes.

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8. Consumer Guarantees 

Our Services come with non-excludable guarantees under the Australian Consumer Law (ACL) Schedule 2 to the Competition and Consumer Act 2010, including that services will be provided with due care and skill. Where we fail to meet a consumer guarantee, you are entitled to remedies consistent with the ACL. Nothing in this Agreement excludes, restricts or modifies those rights.

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9. Service Levels & Changes

We aim for reliable service, but do not guarantee uninterrupted availability. We may modify features or policies to improve security, compliance, or performance. Material adverse changes to paid features will be notified in advance; if you object, you may cancel before the change takes effect.

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10. Unfair Contract Terms

We do not seek to include or rely on unfair contract terms in standard form contracts. From 9 November 2023, proposing, using or relying on unfair terms is prohibited and may attract penalties. These Terms should be read by the Australian Competition & Consumer Commission (Contracts). 

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11. Data, Privacy & Confidentiality

a) Privacy: We handle personal information in line with our Privacy Policy and the Australian Privacy Principles (APPs) under the Privacy Act 1988. You consent to our collection and handling of personal information necessary to provide the Services. 
b) Confidentiality: Each party must keep the other’s confidential information secure and use it only to perform the Agreement, except as required by law or with consent.
c) Security: We implement reasonable administrative, technical and physical safeguards; however, no method is 100% secure. You remain responsible for keeping original records and backups.

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12. Electronic Communications & Signatures

You consent to receive communications electronically and to execute agreements electronically, which are valid and enforceable under Australian electronic transactions laws.

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13. Intellectual Property

a) Our IP: All rights in the Services, software, templates, and materials remain with us or our licensors.
b) Your Content: You grant us a non-exclusive, revocable licence to use your content solely to provide the Services. You retain ownership of your content.
c) Feedback: We may use de-identified feedback and usage insights to improve our Services.

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14. Third-Party Services

The Services may integrate with third-party platforms (e.g., CPD portals, cloud storage). Their terms govern those. We are not responsible for outages or acts/omissions of third parties.

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15. Marketing & Communications

We may send you service and account messages. For marketing messages, we will only send with valid consent. We will include a functional unsubscribe that we will action within the required timeframes under the Spam Act 2003 and ACMA guidance. 

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16. Liability

a) ACL: Nothing excludes or limits liability where doing so would contravene the ACL or any law. 
b) To the extent permitted by law, for any liability not covered by the ACL: (i) our aggregate liability arising out of or in connection with the Agreement is limited to the fees you paid to us in the 12 months before the event; and (ii) we are not liable for indirect or consequential loss (including loss of profits, revenue, goodwill or data).
c) Professional judgement: You are responsible for your own CPD compliance decisions and professional obligations. Our outputs are administrative in nature and depend on the information and authorisations you provide.

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17. Indemnity

You indemnify us and our personnel from losses arising from third-party claims related to your misuse of the Services, breach of this Agreement, or infringement of third-party rights, except to the extent caused by our breach or negligence.

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18. Suspension

We may suspend the Services immediately if: (a) required by law or a regulator; (b) necessary to protect the security or integrity of the Services; or (c) invoices remain unpaid 14 days after notice. We’ll reinstate promptly once the issue is resolved.

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19. Force Majeure

Neither party is liable for delay or failure to perform due to events beyond reasonable control (e.g., outages affecting major cloud providers, regulatory actions, natural disasters), provided the affected party uses reasonable efforts to mitigate and resume performance.

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20. Dispute Resolution

If a dispute arises, the parties will first attempt to resolve it by good-faith discussions between senior representatives within 14 days. If unresolved, either party may refer it to mediation administered by the Resolution Institute (Australia) in Brisbane. Nothing prevents either party from seeking urgent injunctive relief.

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21. Notices

Notices may be delivered by email to the addresses on file and are taken to be received when sent, unless the sender gets a bounce-back.

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22. Assignment & Subcontracting

You must not assign or transfer this Agreement without our prior written consent (not unreasonably withheld). We may assign to a successor in connection with a restructuring or sale, and we may use subcontractors; we remain responsible for their performance.

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23. Entire Agreement & Order of Precedence

This Agreement (including any Order/Proposal and our Privacy Policy) is the entire agreement and supersedes prior discussions. If there is a conflict, the Order/Proposal prevails over these Terms, which prevail over the Privacy Policy.

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24. Severability & Waiver

If a term is invalid or unenforceable, it is severed and the remainder continues. Failure to enforce any term is not a waiver.

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25. Governing Law

The laws of Queensland, Australia, govern this Agreement, and the parties submit to the exclusive jurisdiction of the courts of Queensland and the courts of appeal.