Advisory Board Centre

ABOUT US

The Advisory Board Centre is here to support and improve the effectiveness of the Advisory sector, including the professionals who fulfil an Advisory function and organisations for whom they support.

PROGRAM TERMS & CONDITIONS

The Advisory Board Centre is owned and operated by Advisory Board Centre Pty Ltd. By purchasing an Advisory Board Centre eLearning program (“Program”) you enter into an agreement with Advisory Board Centre Pty Ltd (“Advisory Board Centre”), which is subject to these TERMS & CONDITIONS (“Agreement”).

These TERMS & CONDITIONS are available at our Website.

1. No representations or reliance

1.1 By entering into this Agreement, you acknowledge that:

(a) you have not relied on any statement, representation or warranty made by the Advisory Board Centre or any other person acting on its behalf, including without limitation information as to sales, profitability, commercial viability, or other benefits of the Program; and

(b) you have made your own enquires and satisfied yourself as to the benefits of the Program.

2. Intellectual Property

2.1 No Intellectual Property Rights are transferred to you from Advisory Board Centre under this Agreement.

2.2  The Advisory Board Centre reserves all Intellectual Property Rights relating to all of its materials, methodologies, procedures, models, or know-how disclosed or provided to you during the Program  (“Coveted Materials”). For clarity Coveted Materials include without limitation, all forms, documents, agreements, templates, notes or materials produced by us or our personnel and authorised representatives in connection with this Agreement; and, whether created before or during the term of your Membership.

2.3 All derivative works of any Coveted Materials created by you automatically vest in Advisory Board Centre upon creation, and the same rights immediately attach to those derivative works as the original Coveted Materials, and are subject to the terms of this Agreement.

2.4 Advisory Board Centre grants you a limited, revocable, royalty free licence to inspect and evaluate information contained in any Coveted Materials. You must not use the Coveted Materials for any other purpose unless agreed otherwise in writing by Advisory Board Centre (including any written directions given by Advisory Board Centre about any Coveted Materials).

2.5 Unless explicitly provided in this clause 2, or otherwise authorised in writing in advance by Advisory Board Centre, individuals who use Coveted Materials must not sub license any such materials to any third parties, or permit or aid any third party to use such materials, or any other Advisory Board Centre intellectual property.  Materials must not be transmitted, copied, duplicated, modified, manipulated in any way or made openly available on digital platforms. 

3. Refunds

3.1 Refunds of Program fees are not permissible where program access codes, materials or registration has been made accessible to you via the email address provided by you.

4. Privacy

4.1 This Agreement is subject to the Advisory Board Centre privacy policy, which may be accessed at learn.advisoryboardcentre.com.au/pages/privacy

5. Limitation of liability and indemnity

5.1 You agree that under no circumstances will our total liability to you under this Agreement exceed the Program fees received by us from you for the Period in which the claim is made.

5.2 The limitation set out in clause 5.1 is an aggregate limit for all claims, whenever made.

5.3 For clarity, and without limiting clause 5.1, the Parties agree that clause 5.1 is to apply in connection with a breach of this Agreement, anticipated breach of this Agreement or other conduct regardless of the seriousness or nature of that breach, anticipated breach or other conduct.

5.4 Subject to clauses 5.5 and 5.6, Advisory Board Centre is not liable for any consequential loss however caused (including, without limitation, by the negligence of Advisory Board Centre) suffered or incurred by you in connection with this Agreement.

5.5 Except as contemplated by clause 5.6, nothing in this Agreement is intended to limit any rights you have under the Competition and Consumer Act 2010 (Cth) Australia, if any.

5.6 If the Competition and Consumer Act 2010 (Cth) Australia or any other legislation provides that there is a guarantee in relation to any good or service supplied by Advisory Board Centre in connection with this Agreement and Advisory Board Centre’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 5.1, 5.3 and 5.4 do not apply to that liability and instead Advisory Board Centre’s liability for such failure is limited to (at Advisory Board Centre’s election):

(a) in the case of a supply of goods, Advisory Board Centre replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or

(b) in the case of a supply of services, Advisory Board Centre supplying the services again or paying the cost of having the services supplied again.

5.7 In this clause 5 a reference to “consequential losses” means any indirect, special, economic, or consequential loss including loss of revenue, profits, goodwill, bargain or opportunities that you suffer in any way, even if we knew or should have known about the possibility of such loss.

6. General

6.1 You are responsible for all duties, charges and legal fees (on a solicitor and own client basis) incurred in enforcing this Agreement.

6.2 The parties’ obligations under clause 2 and this clause 6 shall survive the termination of this Agreement for whatever reason.

6.3 This Agreement contains the entire agreement between the Parties and supersedes all previous negotiations or agreements in relation to the subject matter.

6.4 Neither Party is liable for any delay or failure to perform its obligations under this Agreement to the extent that such failure is caused by a Force Majeure Event. Nothing in this clause excuses payment of money due.

6.5 The laws of the State of Queensland, Australia apply to this Agreement and the Parties submit exclusively to the courts of that jurisdiction.

6.6 Nothing in this Agreement constitutes a partnership or contract of employment. It is the express intention of the Parties to deny any such relationship.

6.7 You must not assign or novate this Agreement in whole or in part.

6.8 We may assign or novate this Agreement in whole or part at our sole discretion.

6.9 If any provision of this Agreement is ruled by a court to be illegal, invalid, unenforceable or in conflict with any law, it will not affect the validity and enforceability of the remaining provisions.

6.10 The Advisory Board Centre reserves the right to amend the agreement at any time. Updates to this agreement will be published on our website and will take effect immediately upon any new Program registration.

6.11 Any delay or failure to enforce any rights in relation to a breach by the other Party will not be construed as a waiver of those rights.