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Below are Terms & conditions that apply, respectively, to enrolment in our public education courses, webinars or registrations to attend our events.
Effective from 9 November 2023
Public Course Terms & Conditions
These Terms and Conditions (Terms) apply to enrolment and participation in all Australian Institute of Company Directors (AICD) Public Courses (Course or Courses). These Terms contain essential information about your enrolment and participation.
Definitions
2. For the purpose of these Terms:
Account means a user account authorised by AICD and created by a user as part of the enrolment process for, in the case of a Participant, enrolment in a Course in the case of a Facilitator, providing Facilitation Services and, in the case of a Marker, providing Marker Services.
Assessment Documentation means Participant Assessment Guide available from the course materials page in MyLearning and includes the Participant Code of Conduct and Assessment policies
BoardEffect means the online platform used for Boardroom Mastery which provides access to all the relevant Participant materials. Terms and Conditions for BoardEffect are available when logging into BoardEffect for the first time.
Boardroom Mastery means the AICD’s Boardroom Mastery three (3) day course designed for experienced directors.
Calendar Day means each day shown on the calendar beginning at 12:00 Midnight, including Saturdays, Sundays and Public Holidays in the state of New South Wales.
Chatham House Rule a rule or principle according to which information disclosed during a meeting may be reported by those present, but the source of that information may not be explicitly or implicitly identified: (at https://www.chathamhouse.org/about-us/chatham-house-rule).
Commencement Date means the date of the first day of a Course in a Face to Face delivery or when a participant received access to the electronic Course materials in an Online delivery, whichever is applicable.
Cut-Off Date means:
(a) In relation to all Courses except Boardroom Mastery™, four weeks (28 calendar days) prior to the scheduled Course Commencement Date.
(b) In relation to Boardroom Mastery™ courses, eight weeks (56 calendar days) prior to the scheduled Course Commencement Date.
D2L Brightspace means the software used to run MyLearning.
eLearning Course means a course delivered and administered via MyLearning with no live facilitation.
Exceptional Circumstances means exceptional and unforeseeable circumstances which affect your ability to participate, study or undertake assessments including, but not limited to, medical, compassionate grounds, hardship, and emergencies. Applications for Exceptional Circumstances should be supported by appropriate Supporting Documentation. The AICD will consider such applications on a case-by-case basis, at our reasonable discretion.
Face to Face means the Course is delivered in person at an AICD facilitated classroom.
Facilitation Services means the provision of services by a Facilitator in relation to Courses including presenting Courses to Participants using the AICD Materials.
Facilitator means a contractor retained by AICD to provide the Facilitation Services who accesses the Website and MyLearning in connection with the Facilitation Services including accessing the AICD Materials and materials prepared by AICD for Facilitators to assist in delivery of the Courses.
Intellectual Property Rights means statutory, proprietary and all other rights throughout the world in respect of copyright, trademarks, confidential information, patents, designs and all other rights of a like nature, by law in force in any part of the world including all applicable renewals and extensions.
Losses means losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential, lost profits, business interruption, lost savings or loss of programs or other data) of every kind.
Meeting Software means software used by the AICD to connect a Participant to facilitators and other Participants in a Course (such as Zoom, Microsoft Teams or such other software as may be advised to you).
MyLearning means the AICD’s Learning Management System (LMS) that provides access to all the relevant Participant materials and provides access to any associated online activities such as discussion forums, virtual classrooms, eLearning courses and assessment submissions where relevant to that Course. Terms and Conditions for MyLearning are available when logging into the system for the first time.
Online means a learning environment enabled by technology such as MyLearning and Meeting Software. May also be referred to as a “virtual classroom”. All Self-Paced Courses are delivered Online.
Participant means an individual enrolled in a Course.
Participant Code of Conduct (available at https://www.aicd.com.au/about-aicd/terms-conditions/participant-code-of-conduct.html) means the standard of behaviours expected for Participants of AICD Courses in all formats of course delivery.
Short Message Service (SMS) means a short text message sent to mobile devices including cellular and smartphones.
Self-Paced Course means a Course that does not follow a set schedule in which the Participant determines the topic order and study time from the variety of resources and online activities. These Courses may vary in duration from 4 weeks to 6-months. This includes eLearning Courses.
Supporting Documentation means independent documentation provided to support applications for exceptional circumstances that may include a medical certificate, statutory declaration or similar.
Website means the website located at https://www.aicd.com.au/, as updated from time to time and any other application distribution platform (including mobile applications) used to purchase Courses. This includes providing access to MyLearning via the Member Portal (MySite) via the MyCourses button.
Purchasing Courses
3. You can browse, review, purchase and enrol in Courses via the Website. The Website is governed by the Terms of Use policy (at https://www.aicd.com.au/about-aicd/terms-conditions/terms-of-use.html). If you proceed with an enrolment application for a Course (whether through the Website or by telephone), you are deemed to have accepted these Terms and any policies referenced in or linked to these Terms.
4. We will notify you if these Terms are varied.
Fees
5. Member prices are only available to AICD Members. Non-members can join the AICD and be eligible for the Member price online (at https://www.aicd.com.au/become-a-member.html).
6. We accept the following payment methods for Course fees:
- Visa
- Mastercard
- Amex
- BPay (Note: processing can take several days)
- EFT (Electronic Funds Transfer) – completion of an EFT application form is required.
7. Payment must be made within 14 Calendar Days of the date of invoice for the course. For payments by credit card, you authorise us to debit the amount that is payable for your enrolment from your nominated card account. If we are unable to successfully process your payment, then we may cancel your order or enrolment application and we will endeavour to notify you.
International participants
8. For participants who enrol in a course outside Australia, payment of the applicable course fee must be made free and clear of any tax or similar withholding.
Course enrolment
9. Only individuals are able to enrol in AICD Courses. Enrolment can be completed via the Website, or over the telephone and is subject to receipt of your payment and our confirmation of availability. Payment must be received in full before we provide Course materials and Course access via MyLearning. If we accept your enrolment, you will receive an email confirmation.
10. Only the Participant can use and access the Course, any Course materials provided and the AICD Member platform. Course materials and access credentials to either MyLearning or AICD Member platform must not be shared with anyone.
11. We may reject your enrolment if you do not meet the Course eligibility criteria or if the Course is full. We will provide you a full refund if this happens.
Company/employer funding
12. Where your enrolment is funded by your employer, we will only communicate with you (the Participant) about your enrolment in the Course. If payment is not made in accordance with paragraph 7 and/or paragraph 8 of these Terms, we may cancel your enrolment.
Course delivery modes
13. We provide flexible study options for Participants. Please read the Course outlines and class dates carefully and consider your current and future personal and work circumstances to determine the right delivery mode for you. If you are unsure about whether a delivery mode is right for you, please contact us (at https://www.aicd.com.au/contact-us.html) prior to enrolling.
14. Courses are delivered either Face to Face or Online.
15. We may need to change the delivery mode (i.e., from Face to Face to Online) in exceptional circumstances. Where such a change does not suit your requirements, we will provide you with a full refund.
Course-related email and SMS correspondence
16. All communications with you will be via the preferred email address and telephone number you provide to us. This includes confirmation of enrolment, reminders and where applicable, changes to Course information or materials. Your employer’s IT policy or email policy may block our emails. It is your responsibility to check you have received all necessary information from us and to provide up-to-date contact information. We or our providers may send you SMS messages in relation to deliveries of hard copy Course materials.
Course and Materials Access
17. AICD electronic Course Materials and Online Courses can be accessed via MyLearning. (Boardroom Mastery is an exception and course materials are accessed using BoardEffect. All Participants, facilitators, tutors, markers and staff must accept the MyLearning and BoardEffect (Boardroom Mastery) Terms and Conditions prior to access.
DPD units
18. Participation in some Courses may mean you are eligible to claim Director Professional Development (DPD) units. If you have any questions, please contact us (at https://www.aicd.com.au/contact-us.html) prior to commencement or upon completion of the applicable Course.
Course Changes, Cancellations and Transfers
19. We may make changes to dates, times, delivery format or location of Courses. If you are affected by a change in date, time, delivery format or location, you will be notified by email or SMS messaging prior to the Course Commencement Date and if you are no longer able to attend you will be able to:
(a) transfer to another Course; or
(b) receive a refund.
20. Your rights in relation to cancellation of your enrolment in an AICD Course depend on when you request the cancellation from us:
(a) If you cancel your enrolment prior to the Course Cut-Off Date, you will be entitled to a full refund of the Course Fee.
(b) If you cancel your enrolment after the Course Cut-Off Date, but at least two weeks (14 calendar days) before the scheduled Course Commencement Date, no refund will be provided. During this period, you may request to transfer your enrolment to another course on payment of a transfer fee equal to 50% of the Course fee for your original enrolment. You will also be required to pay, or will be refunded, any difference between the original Course fee and the new Course fee, as applicable.
(c) If you cancel your enrolment less than two weeks prior to the scheduled Course Commencement Date, no refunds or transfers will be permitted unless in Exceptional Circumstances.
21. Where the Course is an Online or Self-Paced Course, no refunds or transfers will be provided if you have accessed your electronic Course materials in MyLearning, regardless of when you request the refund or transfer (unless required under relevant consumer law).
Privacy Policy
22. By enrolling, you acknowledge that you have read and understood the AICD Privacy Policy as amended from time to time and agree with and consent to the practices described in that Privacy Policy (at https://www.aicd.com.au/about-aicd/terms-conditions/privacy-policy.html).
23. Prior to the Course start date, we will share your name, organisation and preferred contact email address with your facilitator/tutor and members of your cohort to enable peer to peer connection. If you do not consent to sharing your email address, please contact us (at https://www.aicd.com.au/contact-us.html) to discuss at least 5 Calendar Days prior to the start date.
Course recording notice
24. By attending an AICD Course, you acknowledge that contributions (audio and any documents or other materials exchanged or viewed during a session) you make may be recorded or photographed. If you do not consent, please contact your AICD representative (at https://www.aicd.com.au/contact-us.html) to discuss your concerns prior to the Course commencement date. You may ask to opt out of recording or photography, but we may not be able to accommodate your request.
25. The AICD will use its best endeavours to record each of the Online or Self-paced classroom sessions, (collectively the Recordings) and to post the Recordings on MyLearning, within ten Calendar Days of a session. The groupwork component hosted in break out rooms will not be recorded.
26. The Recordings are accessible by AICD staff, Facilitators, Participants who attended the session and members of the Course cohort who were unable to attend the session (collectively the Viewers). These Recordings may also be used by the AICD for Facilitator training purposes.
27. By registering for an AICD Course, you agree to protect the Personal Information of any Participant that is shared within the sessions. In accordance with the Chatham House Rule and in order to protect the privacy of each Participant, no information which would reasonably identify a Participant or the employment affiliation of a Participant(s), or that of any other Participant(s), may be disclosed by you to any third parties or used for any purpose other than participation in the session or Course.
28. If you are unable to attend one of the Online or Self-paced classroom sessions for which you are registered, you will be able to access the session recording from your AICD MyLearning account subject to availability. Online session expiry is 180 Calendar Days from the date of posting.
Conduct Standards
29. The Participant Code of Conduct (at https://www.aicd.com.au/about-aicd/terms-conditions/participant-code-of-conduct.html) outlines the expected behaviour of all Participants. The Chatham House Rule (at https://www.chathamhouse.org/about-us/chatham-house-rule) applies to participation in all AICD Courses to allow for an immersive and trust-based learning environment. Any views expressed by you during participation in a Course must be your own. During a session you must not behave in a manner or distribute any material which is threatening, abusive, harassing, discriminatory, defamatory, misleading or deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as reasonably determined by AICD.
30. We may block, delete or remove any material from MyLearning for any reasonable grounds including:
- for infringement of third-party rights (including Intellectual Property Rights); and
- a breach of the Participant Code of Conduct, or where the material is otherwise inappropriate as reasonably determined by AICD.
31. You are solely responsible for all activities that occur on your AICD user account. We may decline your future participation in a Course for any behaviour which the AICD considers contravenes the Participant Code of Conduct.
32. You are also responsible for ensuring that you comply with the Participant Assessment Guide that is relevant to a specific Course, Company Director Course™ (at https://www.aicd.com.au/content/dam/aicd/pdf/courses-programs/company-directors-course/company-directors-course-participant-assessment-information.pdf); or Foundations of Directorship™ (at https://www.aicd.com.au/content/dam/aicd/pdf/courses-programs/foundations-of-directorship/foundations-of-directorship-participant-assessment-information.pdf).
Use of AICD Materials
33. Information, documents, data, or other materials AICD makes available from time to time in any form as part of a Course (AICD Materials) is protected by:
- copyright law in accordance with the Copyright Act 1968 (Cth); and
- the Trademarks Act 1995 (Cth) and international trademark laws.
34. You may only use the AICD Materials for your own private non-commercial use. No part of the AICD Materials should be copied, reproduced, modified, distributed, transmitted, or republished in any form or by any means without our written permission, you may only access the AICD Materials if you have paid the Course fees.
35. You must not modify the AICD Materials in any way.
36. You must not seek to circumvent or disable any technological protection measures contained within the Online and Self-Paced Public Courses, the AICD Materials or any third-party materials. Any use of the AICD Materials including the reproduction, modification, distribution, transmission, re-publication or display of the content from any Course not in accordance with these Terms is strictly prohibited. Nothing in these Terms transfers or is intended to transfer Intellectual Property Rights in AICD Materials to any third party.
Security of electronic communications
37. You acknowledge and agree that there are security and delivery risks in using email and transmitting data via the internet and mobile devices.
38. AICD gives no guarantee that any electronic communication you send to AICD, any electronic communication that AICD sends you or any data transmission you make via an AICD website, your user account or a mobile device (including uploading or transmitting any assignments or course submissions) will be secure, uninterrupted or delivered.
Viruses
39. You are responsible for protecting your computer and other devices from malicious or destructive content and programs such as viruses, worms and trojans and to protect your information as you deem appropriate.
Connection and data charges
40. Your telecommunications service provider may impose a connection or data charge for AICD Materials and other material uploaded to or downloaded from the Website or through Third Party Applications. You are responsible for paying any applicable connection or data charges.
Data analytics
41. AICD may compile reports on Website or MyLearning usage to provide analytics on learning behaviours and patterns and may track log in frequency, content access, Participant Submissions and access to any other resources that are provided on the Website or MyLearning. This usage information is collated and de-identified except where learning support is provided to a Participant.
Consumer guarantees
42. To the extent that your participation in a Course constitutes the acquisition of services from AICD as a consumer within the meaning of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010(Cth), you may have certain rights and remedies (including consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
43. Nothing in these Terms and Conditions operates to exclude, restrict or modify the application of any condition, warranty or provision implied by law, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would contravene that statute.
Non-excludable Obligation
44. To the extent that the Australian Consumer Law permits us to limit our liability in connection with a Non-excludable Obligation, then AICD limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at our reasonable discretion.
Exclusion of liability
45. AICD will be under no liability to you in respect of anything which may constitute a breach of these Terms and Conditions by us arising by reason of circumstances beyond our reasonable control. If circumstances beyond the reasonable control of the AICD prevent us from performing our obligations under the Agreement (Force Majeure Event) then we will not be liable to you in connection with the Force Majeure Event provided that the AICD has, to the extent reasonably possible, given prompt notice of and used reasonable endeavours to remedy the Force Majeure Event.
46. Subject to the Non-excludable Obligations and to the extent legally permitted, AICD is not liable for any Losses arising from participation in a Course or by the use of, downloading or accessing materials or products. To the extent that this exclusion of liability or any other exclusion or limitation of liability in these Terms in favour of AICD is unenforceable, invalid or ineffective for any reason, it will be severed. In that situation, AICD’s maximum aggregate liability for all Losses is limited to the fees paid by you for the Course.
Warranties given by you
47. By participating in the Course, you represent and warrant that:
(a) all information and data you submit to AICD is correct, current and complete;
(b) you have the right to upload materials and;
(c) you will comply with the standards set out in the Participant Code of Conduct (at https://www.aicd.com.au/about-aicd/terms-conditions/participant-code-of-conduct.html).
Indemnity given by you
48. You agree to release and indemnify AICD from and against all Losses incurred by AICD arising out of:
(a) a negligent act or omission or wilful misconduct in your use of and participation in the Course or the AICD Materials;
(b) any breach of the Participant Code of Conduct by you,
(c) any submission you post and
(d) all activity on your Account.
Termination
49. Without prejudice to any other rights or remedies that the AICD may have under these Terms or at law, the AICD may, by giving you written notice, terminate or suspend your enrolment in a Course if We reasonably believe there has been a major breach of the Participant Code of Conduct by you.
General
50. Severability: If any part of these Terms is unlawful, void or for any reason unenforceable then that part is deemed to be severed and does not affect the validity and enforceability of any of the remaining provisions.
51. Waiver: No failures to exercise and no delay in exercising on AICD's part any right or privilege under these Terms and Conditions operates as a waiver. A waiver by AICD of any breach of these Terms does not prevent the subsequent enforcement of that provision and will not be deemed to be a waiver of any subsequent breach of that or any other provision.
52. Entire Agreement: These Terms and all policies, Codes and Guidelines referred to constitute the entire agreement between you and the AICD in relation to your enrolment.
53. Variations: AICD may vary these Terms from time to time. If AICD reasonably considers that the changes are likely to:
- benefit you or have a neutral impact on you, AICD may change these Terms by making such changes immediately without notifying you except by publishing amended Terms on our Website; or
- Where the change is likely to have a detrimental impact, you may terminate your involvement in the Course and claim a refund by providing AICD written notice to this effect.
54. Relationship: Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture, employment or similar between the parties.
55. Governing law: These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.
Event Registration Terms & Conditions
Please read the following carefully to ensure you are fully aware of your rights and obligations under these Terms and Conditions.
There are three types of AICD Events, namely:
- Face to Face: The event takes place in a physical venue, and attendees must attend said venue in person to participate.
- Online: The event takes place via an online delivery – participation is undertaken by joining the event online via a link provided by the AICD.
- Hybrid: The event may be offered for both Face to Face and Online attendance.
Event registrations
Registration is subject to receipt of your payment and our confirmation of availability. You must pay any invoice within 7 days of receipt and payment must be received in full before the event.
Member prices
Member prices are only available to AICD Members. Non-members wishing to join the AICD and be eligible for the Member prices should complete the Membership Application Form online.
Registration changes by you
If for any reason you are no longer able to attend the event for which you have registered, you may give us a request in writing to cancel or substitute your registration. Please note that a charge may apply. Further details are set out below.
Cancellation
Your rights in relation to cancellation of your enrolment in an AICD event depend on when you request the cancellation from us:
a) If you cancel your enrolment at least 7 days before the scheduled event date, you will be entitled to a full refund of the event fee.
b) If you cancel your enrolment less than 7 days before the scheduled event date, no refund will be provided. During this period, you may request to transfer to an online delivery of the course if you are registered for a face-to-face event or to a face-to-face event if you are registered for an online delivery. You will also be required to pay, or will be refunded, any difference between the original event fee and the new event fee, as applicable.
c) If you cancel your enrolment on the day of the scheduled event date, no refunds or transfers will be permitted unless in Exceptional Circumstances.
We exclude weekends, public holidays and the event day when calculating how many days’ notice you have provided for any requested changes to your registration.
Alternatively, you may consider substituting another attendee as further explained below.
Substitution
You may request to substitute another person to attend in your place at any time prior to the event.
If the substitution involves an attendee change from an AICD Member to a non-member (or vice versa), any difference in the registration cost will be payable by you or refunded by us as applicable and subject to any charge as explained below.
Registration changes by us
If we are required to cancel or vary event dates or locations due to circumstances outside our control, including insufficient event registrations, you will be offered a full refund of the total registration cost, or a substitution. We will not be responsible for any direct or indirect costs or losses (such as airfares or accommodation) incurred by you.
Privacy
By submitting the Event Registration Form, you acknowledge that you have read and understood the AICD Privacy Policy (available at https://www.aicd.com.au/about-aicd/terms-conditions/privacy-policy.html) and agree with and consent to the practices described in that Privacy Policy.
For the purposes of Event participation, your Personal Information will be disclosed to third party service providers including EventsAir, who are a video communications provider who may access, use and disclose your Personal Information in connection with the Event in accordance with their Privacy Policy which can accessed here https://eventsair.com/privacy-policy/.
When you attend one of the AICD’s Business Centre and Member Lounges, your Personal Information will be recorded and disclosed to third party service provider Microsoft, who are a vendor of computer software and cloud services, ,who may access, use and disclose your Personal Information for the purpose of COVIDSafe contact tracing in accordance with their Privacy Policy which can be accessed here https://privacy.microsoft.com/en-ca/privacystatement.
Event recording notice
By registering for an AICD Event including Online and Hybrid Events, you acknowledge that you may be photographed, filmed or recorded including audio-visual content recordings utilising event management platform, such as EventsAIR and video communications provider, such as Zoom while at the Event, and consent to such activities and the future use by the AICD of any photographs, images or recordings. You may request to opt out of this photography, filming or recordings, however we may not be able to accommodate your request in some instances as we may not be able to provide to you, some or all of our Events products and services. You may also find that you do not experience the full extent of our Event information and products and services. If you do not consent to the recording, please contact your AICD representative to discuss your concerns a minimum of 7 working days prior to the Event date.
Use of material
Materials and content made available to you as an event attendee are subject to copyright and other rights owned by AICD or its licensors. All such material is protected by the Copyright Act 1968 (Cth) and other international copyright and intellectual property laws.
You may only use the materials and content for your own private non-commercial use. No part of the materials and content covered by copyright should be copied, reproduced, modified, distributed, transmitted, or republished in any form or by any means without the written permission of the AICD.
International participants
For participants who register for an event outside Australia, payment of the applicable registration cost must be made free and clear of any tax, withholding or other amount and we shall be entitled to recover from you any such amount deducted.
General
These Terms and Conditions are in addition to your rights under the Australian Consumer Law.
From time to time, we may update these Terms and Conditions. The updated Terms and Conditions will apply to all registrations from the time of posting on our website onwards.
Webinar Terms & Conditions
Set out below are the terms and conditions that apply to enrolment and participation in an AICD Webinar (Terms and Conditions).
Please read the following carefully to ensure you are fully aware of your rights and obligations under these Terms and Conditions.
Webinar registrations
The AICD provides interactive seminars conducted over the internet (Webinars). Registration for a Webinar is subject to receipt of your payment and our confirmation of availability. You must pay any tax invoice from the AICD within 7 days of receipt and payment must be received in full before the Webinar (whichever is earlier).
Registration is only available to individuals. The purchase of a Webinar is for use by the registered participant only and registration information should not be forwarded on to third parties; doing so may hinder your own access, as Webinar entry is by prior registration only.
Member prices
Member prices are only available to AICD Members. Non-members wishing to join the AICD and be eligible for the Member price may apply for membership online.
International participants
For participants who register for a Webinar outside Australia, payment of the applicable registration cost must be made free and clear of any tax, withholding or other amount and we shall be entitled to recover from you any such amount deducted.
DPD units
You must participate in the entire Webinar to be eligible to claim DPD units. This can be discussed with your AICD representative prior to commencement or upon completion of the Webinar.
Changes by you
If for any reason you are no longer able to attend the Webinar for which you have registered, you may submit a request to cancel or transfer your registration. This request must be submitted via your MySite account or in writing to your membership partner within the required notice period set out below.
Cancellation and Transfer conditions
Live Webinar:
- Cancellation or transfer with a full refund (if applicable), is available any time prior to the day of the Webinar.
- If you cancel your attendance on the day of the Webinar or do not attend the Webinar you will not be eligible for a refund or transfer.
Recorded Webinar:
- Cancellation or transfer with a full refund (if applicable) is available any time within 30 days of the purchase date and you have not commenced viewing the recording,
- If you request a cancellation once you have commenced viewing the recording of the webinar you will not be eligible for a refund or transfer .
We may review the cancellation or transfer conditions in Exceptional Circumstances.
Changes by us
If we are required to cancel a webinar you will be offered a full refund of the total registration cost or if we are required to vary Webinar dates due to circumstances outside our control your registration will be transferred to the new date and you will be duly notified. If you are unable to attend the new date you are entitled to cancel your registration and receive a full refund of the total registration cost.
Subject to any applicable law, the AICD will not be responsible for any direct or indirect costs or losses incurred in any circumstances.
The AICD reserves the right to accept registration, change facilitators, Webinar content, and dates, as necessary.
Privacy
By registering, you acknowledge that you have read and understood the AICD Privacy Policy and agree with and consent to the practices described in that Privacy Policy.
In connection with the operation of the Webinar we will ask you to provide us with information that personally identifies you or allows us to contact you (Personal Information) when you register for the Webinar. For the purposes of your Webinar participation, your Personal Information will be disclosed to third party service providers including CPD Live Pty Ltd trading as Cahoot Learning (Cahoot Learning) who are a digital learning provider. Cahoot Learning may access, use and disclose your Personal Information in connection with the Webinar.
Webinar recording notice
The Webinar includes a feature that allows audio and any documents or other materials exchanged or viewed during the session to be recorded. By attending an AICD Webinar, you acknowledge that any contribution may be recorded, and consent to such activities and the future use, including the sale, by the AICD of any recordings. If you do not consent to the recording, please contact your AICD representative to discuss your concerns at least 14 calendar days prior to the Webinar date.
Recorded Webinar Conditions
The expiration date of a recorded Webinar will be advised to you at the time of your purchase and within 48 hours of the expiration date the hyperlink for the recorded Webinar will cease to function. You may view a recorded Webinar up to a maximum of 3 times. Where the percentage of a recorded Webinar viewed is greater than 0 percent, this will qualify as 1 viewing. The AICD will use reasonable endeavours to upload the recorded Webinar within 48 hours of the live Webinar broadcast.
Webinar participation and behaviour
Webinar participation may require you to configure your software settings on your web-device upon first use or require you to download the software for your operating system. You can access the Webinar from your smartphone, iPad or tablet.
Any views expressed by you during a Webinar must be your own. During a Webinar you must not behave in a manner or distribute any material which is abusive, defamatory, obscene, contrary to law or to the rights of any person. The AICD may remove you and any offending material from a Webinar and decline your future participation in AICD Webinars for any behaviour which the AICD considers contravenes this clause.
Use of material
Materials, content made available to you as a participant and any Webinar recording are subject to copyright and other rights owned by AICD or its licensors. All such material is protected by the Copyright Act 1968 (Cth) and other international copyright and intellectual property laws.
You may only use the materials and content for your own private non-commercial use. No part of the materials and content covered by copyright should be copied, reproduced, modified, distributed, transmitted, or republished in any form or by any means without the written permission of the AICD.
General
These Terms and Conditions are in addition to your rights under the Australian Consumer Law. From time to time, we may update these Terms and Conditions. The updated Terms and Conditions will apply to all registrations from the time of posting on our website onwards.
MyLearning User Terms
About Us: The Australian Institute of Company Directors ABN 11 008 484 197 (AICD, us or we) operates this Website and provides the Courses and other Services
Legal agreement: These User Terms (Terms), our Policies and other legal terms notified to you when you opened your Account are a legal agreement between users of this Website (you) and AICD. The Terms cover your access to and use of this Website and the supply and use of AICD Materials and Services via the Website including the Courses.
Acceptance: By accessing or using this Website you acknowledge that you have read and agree to be bound by these Terms and our Policies. If you do not agree to these Terms or our Policies, please do not use this Website.
Alterations: AICD may alter these Terms from time to time by posting an altered version on this Website. By continuing to use this Website, you accept the Terms current at the time you access and use it.
Meaning of defined words: Capitalised words used in these Terms are explained at the end of these Terms.
Purpose of Website: This Website provides a place for Participants to participate in Courses offered by AICD including participating in Discussion Fora, lodging Participant Submissions, to assist Facilitators in providing Facilitation Services and for Markers to provide Marker Responses to Participant Submissions. Only the AICD and its Personnel and current Participants, Facilitators and Markers are permitted to access and use this Website.
Application of Terms: These Terms apply to you if you are a Participant, a Facilitator or a Marker or if you otherwise access this Website. Different parts of these Terms apply to Participants, Facilitators and Markers respectively while some parts apply to all users of this Website. Please read these Terms accordingly.
Contacting us: To notify us, please call us on 1300 739 119 or reach out to your AICD Course Program Delivery Partner referenced in your course communications.
Contacting you: We may use your notified email address or telephone number to contact you. You acknowledge that we may be unable to provide you with the Services or contact you if you do not give us your current email address or telephone number.
Your Account: Participants, Facilitators and Markers must already hold an Account before they can use the Website. If you do not hold an Account you cannot access the Website. Accounts are created at the discretion of AICD.
Usernames and Passwords: Your Account and the Website are accessible via the AICD Login by entering your unique username and password. You are responsible to prevent unauthorised disclosure of or access to your username and password. You are responsible for all use of your username and password.
Connection and data charges: Your telecommunications service provider may impose a connection or data charge for all AICD Materials and other material such as Participant Submissions, Facilitator guides (Facilitators only) and Marker Responses uploaded to or downloaded from the Website (if applicable) or through Third Party Applications, as applicable. You are responsible to pay any applicable connection or data charges.
Intellectual property: AICD Materials and content displayed on or comprised by the Website are subject to copyright and other rights owned by AICD or its licensors. All such material is protected by the Copyright Act 1968 (Cth) and other international copyright and intellectual property laws. AICD Materials comprising brands, names, images and logos displayed on the Website may be the subject of registered trademarks of AICD or its service providers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark and intellectual property laws.
Use of AICD Materials: You may access, display, download and print portions of the Website only for your own private non-commercial use if you are a Participant or solely in connection with providing the Facilitation Services or Marker Services if you are a current Facilitator or Marker, respectively. You may only access and use Course materials if you have paid us the Fees for the applicable Course, for the duration of that Course, or if you are a Facilitator or a Marker in respect of the relevant Course. These access and use permissions are subject to you not modifying the content displayed on or accessed through this Website including the AICD Materials, keeping intact all copyright, trade mark, and other proprietary notices, and to any additional restrictions or express exceptions displayed on the Website. You must not seek to circumvent or disable any technological protection measures contained within the Website, the AICD Materials or any Third Party Materials. Any other use of material on the Website including the reproduction, modification, distribution, transmission, re-publication or display of the content on this Website is strictly prohibited. Nothing in these Terms or on the Website does or is intended to transfer any Intellectual Property Rights in the AICD Materials or the Third Party Materials to any person.
Uploading materials: You agree to comply with AICD’s procedures and policies in respect of uploading information and materials including Participant Submissions and Marker Responses as specified on the Website. You must not post on the Website including any Discussion Fora or distribute to any User any material that is abusive, defamatory, obscene, contrary to law or to the rights of any person. You must not upload to our database or the Website any information or materials which infringe any third party’s copyright, patent, trade mark, trade secret, confidentiality, privacy or other proprietary or Intellectual Property Rights or which violate any applicable law, statute, ordinance, regulation, government policy or contract. AICD may block or delete any material posted to the Website which AICD considers contravenes this clause.
Plagiarism and Auditing: Without limiting the previous paragraph, you warrant that all Participant Submissions you prepare and lodge will be your own, original work. Participants agree that by taking a Course your Participant Submissions may be submitted for textual similarity review to Turnitin.com for the detection of plagiarism using Turnitin. All Participant Submissions will be included as source documents in the Turnitin.com reference database solely for the purpose of detecting plagiarism of such Participant Submissions. Use of the Turnitin.com service is subject to the Usage Policy posted on the Turnitin.com site. AICD may from time to time contact Participants after they have submitted a Participant Submission and ask them to outline the approach they followed in structuring and presenting their Participant Submission. AICD, in consultation with its Markers, is solely responsible for decisions in relation to originality of work and plagiarism. The AICD may from time to time carry out Audits. If, as a result of any Audit, the AICD determines that a Participant has not fulfilled Course requirements, the AICD may apply penalties in accordance with its Policies.
Information on the Website: Information on this Website and in the AICD Materials may or may not change from time to time. It is not promised or guaranteed to be correct, current, or complete. This Website and the AICD Materials may contain technical inaccuracies or typographical errors. AICD assumes no responsibility (and expressly disclaims responsibility) for updating this Website or the AICD Materials to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information.
Third party material including Third Party Applications: The Website may provide links or references to third party websites (Linked Sites) or display or use Third Party Materials. AICD is not responsible for and does not endorse: (a) the content of Linked Sites or Third Party Materials; (b) any use (or misuse) of information you may supply to or obtain from a Linked Site or any Third Party Materials; or (c) any goods or services offered via Linked Sites or any Third Party Materials. Participants and Facilitators are responsible for agreeing to comply with the terms of use for any Third Party Applications.
Security of electronic communications: You acknowledge and agree that there are security and delivery risks in using electronic mail and transmitting data via the Internet and mobile devices. AICD gives no guarantee that any electronic communication you send to us, any electronic communication that we send you or any data transmission you make via the Website or a mobile device (including uploading or transmitting any Participant Submissions) will be secure, uninterrupted or delivered.
Technical requirements: Access to the Website and Services may only be available to compatible devices which meet specific system or software requirements specified on the Website from time to time. AICD gives no warranty or guarantee that access to or use of the Website or Services will be available to all devices and you are solely responsible for ensuring that any device you use meets system, software or other requirements specified on the Website from time to time.
Viruses: You are responsible for protecting your computer and other devices from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
Use of the Website: You agree to comply with all applicable laws applicable to your use of the Website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website including by uploading or transmitting through the Website or to any Registered Users any viruses, worms, Trojans or other potentially destructive programs designed to interfere with or disrupt the normal operating procedures of the Website or any computer. In using the Website, you must not engage in any unlawful practice including conduct which is misleading or deceptive or likely to mislead or deceive. Use of the Website in contravention of these Terms may result in you being banned from the Website, being liable to AICD for breach of contract and/or infringing applicable law.
Disclaimer of warranty: Without limitation, AICD does not represent or warrant that the functions within the Website will be uninterrupted, error-free or secure, or that the Website or the server/s that makes the Website available is free of viruses or other harmful elements. You agree that in using the Website and the AIDC Materials you have not relied on any statement or representation made by AICD not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk. If applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above or elsewhere in these Terms, to the extent legally permitted, AICD limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at AICD’s discretion.
Exclusion of liability: To the extent legally permitted, AICD is not liable for any Losses arising from this Website or any use of this Website or the AICD Materials or for the use or downloading of, or access to, any materials or products from or through this Website even if AICD is advised of the possibility of such Losses. This exclusion of liability applies to all causes of action whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that this exclusion of liability or any other exclusion or limitation of liability in these Terms in favour of AICD is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms. In that situation, AICD’s maximum aggregate liability for all Losses referred to in the relevant exclusion of liability under any cause of action referred to above is limited to AUD$50.00.
Warranties: By using this Website you represent and warrant that: (a) all information and data you submit to AICD is correct, current and complete; and (b) you own all Intellectual Property Rights in the Participant Submissions you post to the Website and otherwise have the right to upload such materials to the Website.
Indemnity: You agree to indemnify, defend, release and hold harmless AICD and its Personnel from and against all Losses made by any person arising out of: (a) a negligent act or omission or wilful misconduct in your use of this Website or the AICD Materials; (b) any violation by you of the Policies, the rights of another party or any applicable law; (c) any Participant Submission you post to the Website; or (d) any activity related to your Account by you or any other person accessing the Website using your Account username or password.
Privacy: Your privacy is important to AICD. Further information about the collection and use of your personal information is contained in our Privacy Policy (accessible at https://www.aicd.com.au/about-aicd/terms-conditions/privacy-policy). By accessing, browsing or using this Website or by supplying any information to AICD, you acknowledge that you have read and agree with the terms of our Privacy Policy.
Data analytics: AICD may from time to time draw reports on Website usage to provide analytics on learning behaviours and patterns. This may include log in, content access, Participant Submissions and access to any other resources that are provided on the Website. This usage information is generally not linked to an individual Participant excluding in the case of providing learning support, but is collated and de-identified.
Cancellations and suspensions: You may cancel your Account at any time by giving us 14 days written notice. We may cancel or suspend your Account if you breach these Terms (including our Privacy Policy and the Participant Code of Conduct). We may also: (a) remove, block or refuse to post to the Website any Participant Submission by you; (b) cancel or suspend your Account; (c) cancel or suspend your access to the Website; or (d) cancel or suspend the operation of the Website in its entirety at any time. We will aim to provide you as much notice as possible before this occurs including the reasons for our action and your rights to dispute the action.
Personal use only: We provide access to this Website to you individually and personally while you are a Participant or solely in connection with you providing the Facilitation Services or Marker Services, as applicable, if you are a current Facilitator or Marker, respectively. Your right to use the Website and participate in the Courses, if applicable, cannot be assigned to anyone else and you must not re-sell the services offered by our Website to anyone else or make other commercial use of the Services or the Website without our prior written consent.
Mediation: Any complaint, dispute or controversy arising in any way out of these Terms or use of the Website may be referred to mediation conducted by and in accordance with the rules adopted by the Australian Commercial Disputes Centre.
Severance: If any part of these Terms is unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.
Waiver: No failures to exercise and no delay in exercising on our part any right or privilege under these Terms operates as a waiver thereof. A waiver by us of any breach of these Terms does not prevent the subsequent enforcement of that provision and will not be deemed to be a waiver of any subsequent breach of that or any other provision.
Entire agreement: These Terms and any other document they refer to constitute the entire and only agreement between the parties in relation to its subject matter and replace all prior agreements, arrangements or understanding of any nature made by the parties or any of them whether oral or written.
Excusing events: We will be under no liability to you in respect of anything which may constitute a breach of these Terms by us arising by reason of any event or circumstances beyond our reasonable control.
Relationship: Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture, employment or similar between the parties.
Applicable law: These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.
Definitions: For the purposes of these Terms, the following terms have the specified meanings:
Account means a user account authorised by AICD and created by a User as part of the registration process for, in the case of a Participant, enrolment in a Course, in the case of a Facilitator, providing Facilitation Services and, in the case of a Marker, providing Marker Services.
AICD Login means the login facility.
AICD Materials means any information, documents, transcripts, data, audio visual materials or recordings (including audio or video files of any type), or other materials AICD uploads to or displays on the Website from time to time in any form including Course materials and Discussion Fora for the various online courses AICD makes available via the Website and Facilitator guides for Facilitators.
Audit means the random auditing by the AICD in accordance with its Policies of any Participant Submissions to determine whether the Participant Submissions are the Participant’s own, original work.
Course means a training or certificate course using the AICD Materials which AICD offers via the Website.
Discussion Fora means any online forum or tutorial provided to Participants in relation to a Course in support of distance or online learning. Your participation in a Discussion Fora is voluntary and your personal information (including your name, user name and location) and comments will be visible to other Users in the relevant Discussion Fora.
Facilitation Services means the provision of services by a Facilitator in relation to Courses including presenting Courses to Participants using the AICD Materials, on and subject to the terms of the contract between the individual Facilitator and AICD.
Facilitator means a contractor retained by AICD to provide the Facilitation Services who accesses the Website in connection with the Facilitation Services including accessing the AICD Materials and materials prepared by AICD for Facilitators to assist in delivery of the Courses.
Fees means the fees payable by a Participant for a particular Course as specified on the Website from time to time.
Intellectual Property Rights means statutory, proprietary and all other rights throughout the world in respect of copyright, trade marks, confidential information, patents, designs and all other rights of a like nature, by law in force in any part of the world including all applicable renewals and extensions.
Losses means losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential, lost profits, business interruption, lost savings or loss of programs or other data) of every kind and nature.
Marker means a contractor retained by AICD to provide the Marker Services who accesses the Website in connection with the Marker Services.
Marker Responses means responses by Markers to Participant Submissions including grading results and comments, if applicable.
Marker Services means the provision of services by a Marker in relation to Courses including marking examination responses and assignments submitted by Participants, on and subject to the terms of the contract between the individual Marker and AICD.
Participant means a person who is currently enrolled in a Course offered via the Website.
Participant Code of Conduct (available at https://www.aicd.com.au/about-aicd/terms-conditions/participant-code-of-conduct.html) means the standard of behaviours expected for Participants of AICD Courses in all formats of course delivery.
Participant Submissions means materials submitted by Participants in connection with completing Courses including examination responses and assignments and any comments or participation in Discussion Fora.
Personnel means AICD’s officers, directors, employees, agents, contractors, licensors and suppliers.
Policies means the AICD’s Participant Code of Conduct (available at https://www.aicd.com.au/about-aicd/terms-conditions/participant-code-of-conduct.html) and Privacy Policy (available at https://www.aicd.com.au/about-aicd/terms-conditions/privacy-policy) as in place from time to time.
ReadSpeaker means the text-to-speech software used by AICD and the Participants to convert Course materials and most Course Participant instructions to speech.
Registered User means any person who has registered an Account.
Services means the offering of Courses and supply of online resources and activities via the Website and any other services offered by us from time to time as specified on the Website.
Third Party Applications means software and other applications used on or in respect of the Website or the Courses and includes ReadSpeaker and Turnitin.
Turnitin means the plagiarism checking software used by AICD and the Markers to minimise and detect incidents of plagiarism in Participant Submissions, and any replacement software used by AICD and the Markers from time to time.
User means any person who accesses the Website and includes Participants, Facilitators and Markers.
Website means the website located at https://mylearning.companydirectors.com.au and any other application distribution platform (including mobile applications) through which AICD provides the Services.
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