Television Education Network – Website Terms of Use
Last updated: 7/12/18

Part A – Preliminary matters
  1.  Background
    1. This website is owned and operated by Television Education Network Pty Ltd ACN 052 319 365 (TEN, we, our).
    2. By using this website, and in consideration of TEN providing you with access to this website, you agree to the following Terms of Use (which include our Privacy Policy), which govern your access to and use of this website. 
    3. If you do not agree to these Terms of Use, you must not use or access this website.
    4. We reserve the right to amend these Terms of Use from time to time without giving specific notice to you.  We will publish the amended Terms of Use on the website.
    5. You should periodically review the Terms of Use and, if you do not agree with any of the changes, you must cease using or accessing the website.  By continuing to use the website, you will be deemed to have accepted the changes to the Terms of Use.
  2. Overview of the Website
    1. TEN services the professional development needs of lawyers, accountants and business executives in relation to law, taxation, superannuation and accounting and audit. The website hosts, or links to, content (the Content) including:
      (a)   information in relation to our products, including conferences and professional development training; and
      (b)   content produced by us, and content of third parties (Third Party Content), such as webinars, audio programs, papers, e-books, and other materials.
    2. Third Party Content, that is made available to users on this website, is developed and provided to us by third parties, including by lawyers, accountants and business executives. In relation to this Third Party Content, TEN provides the TEN platform only, and to the extent permitted by law takes no responsibility for any information posted or transmitted by these third parties through the platform, including in relation to the contents of this Third Party Content;
    3. To the extent permitted by law, TEN is not responsible for, and accepts no liability with respect to, any Third Party Content made available on the website. TEN does not endorse any opinion, advice or statement made by any person other than TEN.
    4. We do not review the accuracy or completeness of the Third Party Content. While we make all reasonable efforts to ensure that the Content, other than the Third Party Content, is accurate and complete, to the extent permitted by law we give no warranty that the information on the website or its contents (including the Third Party Content):
      (a)   is accurate, complete, or up-to-date; or
      (b)   satisfies any continuing education and professional development requirements mandated by relevant professional bodies.
    5. You should make your own assessment of the accuracy, currency and suitability of the Content for your own needs. To the extent permitted by law, we exclude liability for any information on the website, including information in the Content, that contains errors or is out of date.
    6. We may, from time to time and without notice:
      (a)   change, add to, or remove our Content or functionality of the website (including the types of products and services that you can access through the website); and
      (b)   cease, interrupt or withdraw access to the site for any reason, including for upgrades and maintenance of the website
    7. Some of the services that you can access through the website may have additional terms and conditions. The additional terms and conditions will be made available to you when you access and use the relevant services. By using any of these services, you agree to the additional terms and conditions for those services.
  3. Part B – Using the website
  4. Accounts
    1. Before you can access certain services available through the website, you must follow the prompts on the website to create an account and to become a registered account holder (an Account Holder).
    2. By using the Website or the Services, you warrant and represent to us that:
      (a)   you are 18 years of age or older, or if you are under the age of 18, you have obtained the prior consent of your parent or guardian to access and/or use the website;
      (b)   any Account Holder information you submit is truthful and accurate, and that you will keep your Account Holder information up to date;;
      (c)   your use of the website does not violate any applicable laws or regulations.
    3. We may, at our discretion, conduct such activities as we consider necessary and appropriate to verify your identity for the purpose of approving your account registration request or monitoring your use of the website and the services. As part of conducting these identity verification activities we may use registration information that you provide, together with information from third party sources.
    4. You can terminate your account whenever you like by contacting our Customer Service Officer.  The contact details of our Customer Service Officer are set out in our Privacy Policy
    5. When creating an account, you will be asked to choose a password.  You must keep your account password confidential and secure, and you acknowledge and agree that you will be solely responsible for any activities engaged in using your account, whether or not access is authorised by you.
    6. Your account is personal to you, and you may not transfer or assign your account to any other person.  You agree not to use the account, username or password of another Account Holder at any time, and must not disclose your account password to any third party.
    7. You must notify us immediately if you suspect any unauthorised use of your account or access to your password.
  5. Fees
    1. There is no charge to register an account. TEN charges fees for our services and Content as set out on the website or otherwise agreed with us in writing.
  6. Requirements when you use the website
    1. You must:
      (a)  not use the website in breach of any applicable laws or regulations;
      (b)  not use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
      (c)  not frame or mirror any part of the website without our written authorisation; and
      (d)  not interfere with, disrupt, or create an undue burden on the website.
    2. Without limiting the above, you must not and must not permit a third party to:
      (a)   use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Website Content (as defined in clause 7.3 below);
      (b)   circumvent, disable or otherwise interfere with security-related features of the website;
      (c)   use (or attempt to use) the website or services in an unauthorised manner to identify the identity of any other user; or
      (d)   do anything which will or may damage, disrupt access to or interfere with the proper operation of the website, or upload or permit any virus or malicious code to adversely affect this website or any associated equipment or data.
    3. In this clause 5.3, "Affiliates" means a party's officers, employees, agents, contractors, suppliers and licensors. To the extent permitted by law, you agree to indemnify TEN and each of its Affiliates against any claims arising out of your or any of your Affiliates' breach off these Terms of Use (and any other terms and conditions which incorporate these Terms of Use).
  7. Investigating prohibited uses of the website
    1. We may, at any time and at our discretion, investigate any reported or suspected breach of these Terms of Use (or other unauthorised or unlawful use of the website) by you or any other user.
    2. In conducting any investigation we may use membership information and other data that we have logged in relation to the relevant user's use of the website.
    3. Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of the website, the quality of the services and the reputation of TEN. These actions may include (but is not limited to):
      (a)   suspending or terminating user accounts;
      (b)   reporting any unlawful conduct to the appropriate authorities; and
      (c)   otherwise taking appropriate legal action.
  8. Part C – Ownership of content
  9. Intellectual Property
    1. The Ten Television Network (words and image), Subscriber First (words and image), and POD CPD trade marks are trade marks of TEN (Our Trade Marks).
    2. Trade marks used on this website to describe third parties and their products are trade marks of those third parties (Third Party Trade Marks).
    3. All material on this website, including the text, information, graphics, logos, design, layout, downloads and services (Website Content) is owned by or licensed to TEN.
    4. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store:
      (a)  Website Content or Our Trade Marks for any purpose, other than with the prior written consent of TEN, or as permitted by law; or
      (b)   the Third Party Trade Marks for any purpose, other than with the permission of the relevant third party or as permitted by law.

      All rights of TEN and its licensors are reserved.
    5. By uploading, transmitting, posting or otherwise making available any material via the website, you irrevocably license TEN to use, reproduce, edit, exploit and sub-license the material in any form and for any purpose, and to publish and communicate the material on the website, and you unconditionally consent to these actions for the purposes of any moral rights you may have in this material under the Copyright Act 1968 (Cth) or similar rights in other jurisdictions.
    6. Without limiting clause 7.5, we reserve the right to aggregate and analyse data that we collect through the operation of the website. This may include data that is uploaded, transmitted, posted and otherwise generated by users of the website in the course of using the services. We may use data analytics tools to produce data products such as reports, statistics and datasets for purposes including research and development, performance optimisation, system and data security.
  10. Linking and Third Party Content
    1. The website may contain links to or display Third Party Content, including links to websites operated by other organisations and individuals (Third Party Websites).
    2. Third Party Content and Third Party Websites are not under the control of TEN. TEN does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites, or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.
    3. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
  11. Part D – Privacy and data collection
  12. Cookies
    1. This website may use 'cookies' as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A 'cookie' is a small text file placed on your computer by our web server. A cookie can later be retrieved by our website servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your web browser. Cookies do not alter the operation of your computer or mobile device in any way.
    2. It is recommended that you accept cookies to make full use of this website. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for this website's administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.
    3. Most web browsers allow you to disable cookies on your computer. If you disable cookies, you may be unable to use this website to the fullest and optimum extent.
  13. Privacy Policy
    1. TEN’s Privacy Policy is incorporated by reference into these Terms of Use. The Privacy Policy contains important information about how you can access and correct information we hold about you, how you can complain about a breach by us of the Australian Privacy Principles and how your complaint will be handled.
    2. By using the website, you agree that we may collect, hold, use and disclose your personal information as described in these Terms of Use, the Privacy Policy and any other privacy notices that we provide you during your use of the website and services.
    3. When you use the website and the services, we collect personal information that you provide to us or generate through your use of the website. This personal information is used for:
      (a)   any specific purposes for which you provided it to us;
      (b)   the general operation of the website, so that you can access and use the functions and services of the website (which include connecting with, and interacting with, other users through the website); and
      (c)   other purposes as set out in the Privacy Policy or otherwise notified to you.
    4. If we request information and you decide not to provide us with the information (or authorise us to collect the information from third parties), we may not be able to provide you with the products and services that you have requested.
    5. We also may use certain third party technology service providers to assist us with storing and processing user data as part of the website's operations. Some of these service providers may be located outside of Australia. Please refer to the Privacy Policy for further details.
  14. Part E – Liability
  15. Disclaimer
    1. In this clause 11, Consumer Guarantees means a right or guarantee you may have under the Australian Consumer Law in schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation, or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.
    2. Nothing in this clause 11 limits, restricts, modifies or excludes:
      (a)   any rights or remedies you have under the Consumer Guarantees; or
      (b)   any other rights or remedies that cannot be lawfully excluded by agreement of the parties.

    3. The website and its contents, including the Content, are provided "as is". By accessing the website, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website. With the exception of any Consumer Guarantees that might apply, TEN excludes:
      (a)   any term, condition or warranty that may otherwise be implied into these Terms of Use, including (but not limited to) any term, condition or warranty that:
      (i)      the website or any of its functions will be uninterrupted or error free;
      (ii)     defects will be corrected; or
      (iii)    the website or any server that makes it available is free of errors, viruses or malicious code;
      (b)   any liability for loss or damage incurred as a result of or in connection with the negligence of TEN; and
      (c)   any liability for special, indirect or consequential loss however caused (including negligence),
      arising out of or in connection with the website content, the use or performance of this website or services provided by TEN in relation to this website.
    4. Our liability in respect of any breach of, or failure to comply with, any applicable Consumer Guarantee is limited to:
      (a)   the supplying of the services again; or
      (b)   the payment of the cost of having the services supplied again, unless:
      (i)      the goods or services supplied are goods or services 'of a kind ordinarily acquired for personal, domestic or household use or consumption', as that expression is used in section 64A of the Australian Consumer Law;
      (ii)      it is not 'fair or reasonable' for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or or
      (iii)    the relevant Consumer Guarantee is a guarantee pursuant to sections 51, 52 or 53 of the Australian Consumer Law.

  16. Jurisdiction

      These terms and conditions are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts in that state.

  17. Part F – Contact details
  18. Contact details

      If you have any queries regarding these terms and conditions, please Contact Us.