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Terms & Conditions

These are the Terms and Conditions applicable to any person, company, entity, or party placing a request for the supply of services by Squirrelhog Pty Ltd (ACN 659 968 439).

Definitions and Interpretations

In these Terms and Conditions, the following terms have the following meaning:

Agreement means this document.

Application means the mobile application called 'OneStopCPE' that is provided by OneStop.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Commonwealth).

Business Day means the day on which banks are open for general banking business in New South Wales (not being Saturday, Sunday or public holiday in New South Wales).

CPE means Continuing Professional Education.

CPE Course means any course or professional learning opportunity that is credited towards CPE.

Force Majeure means anything beyond the control of a party or in consequence of which prevents a party from performing its obligations and includes but is not limited to strike, lockdowns, government orders, trade disputes, fire, accidents, supply, import and adverse weather conditions.

Group Companies means any related entity of OneStop as defined in the Corporations Act 2001 (Cth).

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).

Indirect Losses means any indirect or consequential loss or damage arising from a breach of contract or agreement (including breach of this contract), tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of access to markets, loss of goodwill, computer or system failure or malfunction loss, indirect or remote or unforeseeable loss, costs of obtaining substitute product, work stoppage, costs associated with denial of access or down-time, any loss associated with damaged or stolen data, loss of business reputation, future reputation or publicity, or any similar loss whether or not contemplated by the parties.

Intellectual Property means all intellectual property rights throughout the world, whether existing under statute, at common law or in equity, now existing or created in the future in connection with the Application, including (but not limited to):

  • all documentation and explanatory materials, user manuals, training materials provided by OneStop;
  • all intellectual property rights in the Application;
  • any trade marks associated with or used within the Application; and
  • all business names, trade names, logos, circuit layouts, computer software, code, algorithms, confidential information, copyright, designs, domain names, trade secrets, moral rights, derivative rights, formulas, inventions, know-how, patents, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, including the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.

OneStop means Squirrelhog Pty Ltd (ACN 659 968 439).

Order means the acceptance of the Quotation by the User.

Subscription Fee means any amount specified on the Application for the use of the Application to be paid per month subject to any amendments made pursuant to these Terms and Conditions.

Subscription Period means the fixed period for which the User has purchased the right to receive access to the Application.

User means the party (or parties) that utilises the Application or has the benefit of the use of the Application.

In these Terms and Conditions:

  • Any headings used are for convenience only and do not form part of the terms and conditions.
  • Where the context admits or requires words importing, the singular number includes the plural number, those denoting a given gender includes all other genders and those denoting natural persons includes corporations.
  • The word 'including' is not a term of limitation.

User Bound by Terms

By using the Application, the User agrees to be bound by the terms of this Agreement

The User agrees to take all necessary steps to ensure that the provisions of this Agreement are not breached by any of its employees, consultants, agents, officers or contractors who use, or otherwise have access to, the Application.

Once the User has accepted the terms of this document by clicking the "I have read, and agree to, the terms and conditions contained in the Terms & Conditions" or if the User otherwise commences accessing or using the Application, the User waives any right it may have to assert that the fact that the User indicating its acceptance of this document electronically does not constitute actual acceptance.

Subscription Period & Subscription Fee

The User's use of the Application continues for the Subscription Period unless otherwise terminated earlier in accordance with this Agreement.

The User acknowledges and agrees that, subject to clause 3.3, in order to access and use the Application, the User must pay and continue to pay on a monthly basis, the Subcription Fee.

OneStop, may at its sole discretion, offer a trial period to the User where the User will be granted use of the Application without having to pay the Subscription Fee. The User accepts that the trial period will only last for thirty (30) days or as otherwised notified by OneStop. The User accepts that at the end of the trial period, the User's access to the Application will immediately cease unless the user opts in to a Subscription Period.

The Subscription Fee will be increased by the amount of any GST and other taxes and duties which may be applicable except to the extent that such taxes are expressly included in any invoice given by OneStop.

The User must promptly notify OneStop or update its billing information through the services provided by OneStop if there is a change in any account information of the User.

The User acknowledges that OneStop may, for the Subscription Period, without notice direct debit the User's nominated account of the Subscription Fee.

OneStop may, at its sole discretion, increase the Subscription Fee. If OneStop does increase the Subscription Fees after the Subscription Period for any reason it will provide the User with at least one (1) months' notice of the change in the fees.

Application Add-Ons

The User acknowledges and agree that OneStope CPE may introduce future additions and enhancements to the current Application (Add-Ons).

The Add-Ons are likely to be priced separately and OneStop will provide the User with separate agreement for use and payment for the Add-Ons.

Refunds

Subject to the Australian Consumer Law, unless expressly specified elsewhere in this Agreement, all Subscription Fees are non-refundable. OneStop does not provide refunds or credits for any partial use or non-use of the Application.

No refund will be given where a cancellation or termination occurs midway through the Subscription Period.

Failure to pay

If the User does not pay the Subscription Fees or any other fees and charges by the due date for payment, OneStop (at its option) may do any one or more of the following:

  • Suspend the User's use of, and access to, the Application.
  • Terminate this User's subscription. Upon termination, the User's data that is stored on the Application will be deleted.
  • Charge an administration fee for late or dishonoured payments, as notified by OneStop from time to time.
  • Charge interest at the rate of ten percent (10%) per annum on any overdue amount until such time all monies due to OneStop are paid in full.

User obligations

The User must do the following things as a condition of its use of the Application (in addition to anything else the User is required to do under this Agreement):

  • Comply with any laws that apply in the User's jurisdiction in connection with the User's use of the Application.
  • Protect any user name, credentials, certificates, passwords or other account details used in connection with the Application.
  • Inform OneStop immediately of any unauthorised access to the Application or the User's account.

User restrictions

The User must not do any of the following things that are listed below at any time whether during or after the Subscription Period:

  • Reverse engineer, de-compile, disassemble, modify or alter the Application, or otherwise attempt to discover its source code, algorithms, techniques, methodology of the Application.
  • Copy any ideas, functions, features or graphics, or otherwise derived, from the Application for any purpose, including but not limited to development of a similar program or service.
  • Tamper with or attempt to bypass functionality that operates to enforce this Agreement, including the unauthorised use of the Application by anyone else.
  • Use the Application to store or transmit infringing, defamatory, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights.
  • Claim any sponsorship, affiliation or endorsement by OneStop.
  • Act in a manner that is abusive to an employee, contractor or other agent of OneStop.

CPE Courses

Whilst OneStop will endeavour to provide the User with a listing of available CPE Courses relevant to the User, OneStop makes no guarantee as to

  • The number of available of CPE Courses; and
  • The timeframe required to complete the CPE Courses.

The User acknowledges and accepts that:

  • The User will be solely responsible for entry of data relating to the CPE Courses.
  • The User is solely responsible for ensure the accuracy of any data, including pre-filled data.
  • The User is solely responsible for retaining and providing photographic evidence of the completion of any CPE courses.
  • Any external course undertaken by the User must be forwarded to OneStop in accordance with the instructions contained within the Application.
  • The timeframe that is listed within the Application as the time required to complete a CPE Course is only indicative. Evidence of CPE points accrued will rely upon the time documented by the User.
  • The User is solely respobile for documenting its points of learning from the completion of a CPE Course.
  • OneStop accepts no liability or responsibility for the User meeting its CPE requirements.

Intellectual Property

The Application, all Intellectual Property and all contents within the Application will, at all times, remain vested in OneStop.

Maintenance and updates

OneStop will perform maintenance and updates to the Application from time to time. This may mean that the User's access to, and of use of, the Application is interrupted or disrupted from time to time.

OneStop will endeavour to provide the User with reasonable notice of the conduct of any regular system maintenance, downtimes or updates (but is not obliged to do so).

There will be times when OneStop will not be able to provide the User with any such notice because the maintenance is required to fix an urgent issue or for some other similar reason.

OneStop does not warrant that:

  • the Application will:
    • be error free, uninterrupted, complete or completely secure;
    • be compliant with any applicable laws which applies to the User;
    • meet the User's requirements;
    • any defects in the Application will be rectified;
  • the Application will continue to operate during any event that is out of OneStop's control such as any Unforeseen Event, power failures, system failures or the User's systems or hardware not being compatible with the Application; or
  • the Application will be immune from unauthorised access or the alteration of any data stored within it.

Internet access, hardware, networks, firewalls and security

The User acknowledges and agrees that use of the Application requires internet access which may be affected by factors beyond OneStop's control.

Any access to the internet and storage of data on servers may involve risks and that while as far as possible OneStop will try to, OneStop cannot guarantee security

Submissions made via email are not protected by encryption and may be vulnerable to interception during transmission.

OneStop does not guarantee the uninterrupted availability of the Application including connections to OneStop's server.

The User releases, and cannot make any Claim against, OneStop that arises out of any interruption to the use of the Application by the User as a result of any event or thing referred to in this clause.

Storage of Data

Subject to clause 6.1(b), OneStop will endeavour to retain a backup of the data input into the Application by the User (where the User has paid all monies owing under this Agreement) for up to a period of six (6) months after the expiry of the Suscription Period. OneStop does not guarantee that any such backup will be useable or accessible.

The User accepts that the data storage is not completely secure and may be intercepted by third parties (without the consent of OneStop and/or the User). Accordingly, the User accepts responsibility for maintaining their own backup of their own data.

Limitation of Liability and Indemnities

Unless otherwise set out in the Australian Consumer Law or any other applicable legislation, without limitation, the OneStop will not be liable under any circumstances for:

  • any special, indirect or consequential loss or damage, that is, loss or damage beyond a normal measure of loss or damage;
  • any loss of profits, anticipated or otherwise;
  • any loss in revenue, gain or benefit;
  • any loss of business opportunity;
  • any costs arising from failure of the Application;
  • any damage, direct or indirect, to equipment, appliances or data, and the like, arising from the operation of the Application; or
  • any damage to business goodwill arising from the installation and operation of the Application.

Unless otherwise set out in the Australian Consumer Law, the User will at all times indemnify OneStop from any claims, loss, damage, liabilities, expenses, costs or demands, including any legal fees made by any third party due to or arising out of a breach of this Agreement by the User arising out of the User's negligent act or omission.

Title

OneStop will retain all legal and equitable title in the Application.

Title for any data stored on the Application, including data input by the User, will remain with OneStop.

Default & Consequences of Default

Accounts not paid within thirty (30) days will be charged interest on the outstanding amount at a rate of 10% per annum.

If the User's payment is dishonoured by their bank, then the User must pay any dishonour fee charged by OneStop's bank.

Unless otherwise specified by the User, payments received by OneStop will be applied at the discretion of OneStop.

OneStop is entitled to set off against any money owing to the User, amounts owed to OneStop by the User on any account. The User is not entitled to set off and amount allegedly owing by OneStop to it against any amount due by it to OneStop.

Privacy Policy

The User agrees to be bound by the Privacy Policy of OneStop and understands that this Privacy Policy forms part of these terms and conditions and invokes the provisions of the Privacy Act 1988 (Cth). A copy of this Privacy Policy is available on request.

The User authorises OneStop to obtain from a credit-reporting agency a credit report containing personal credit information about the User in order to enable OneStop to assess the credit application or to review any existing credit provided by OneStop.

The User authorises OneStop to exchange information about the User with other Group Companies.

The User agrees that personal information provided may be used and retained by OneStop for the following purposes and for other purposes as agreed between the User and Seller or required by law from time to time:

  • Marketing of further goods or products by OneStop, its agents or distributors;
  • Analysing, verifying and/or checking the User's credit, payment and/or status in relation to provision of the Goods;
  • Processing of any payment instructions, direct debit facilities and/or credit facilities requested by the User; and/or
  • Enabling the daily operation of the User's account and/or the collection of amounts outstanding in the User's account in relation to the Goods.

The User acknowledges that OneStop's website may be hosted, or some data may be stored overseas for reasons of uniformity between Group Companies. All information derived from Australia will still be treated in accordance with OneStop's Privacy Policy while being stored overseas.

Notices

Notices to be given by the User to OneStop may be sent to OneStop's email address at be info@onestopcpe.com.au and support@onestopcpe.com.au

General

  • If any provision of these terms and conditions are found to be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
  • All Goods supplied by OneStop are subject to the laws of New South Wales and the Court of New South Wales.
  • OneStop will be under no liability whatsoever to the User for any indirect loss and/or expense (including loss of profit) suffered by the User arising out of a breach by OneStop of these terms and conditions.
  • In the event of any breach of these terms and conditions by OneStop the remedies of the User will be limited to damages. Under no circumstances must the liability of OneStop exceed the Price of the Goods.
  • OneStop may license or sub-contract all or any part of its rights and obligations without the User's consent.
  • OneStop reserves the right to review these terms and conditions at any time and from time to time. Any change in the terms and conditions will take effect from the date on which OneStop notifies the User of such change.
  • Neither party will be liable for any default due to any event of Force Majeure including any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.