If you do not agree to these terms and conditions, you may not use the capable system or any course offered through the capable system.

This agreement is between you, the user of capable, and us, Compliance and Competency Management Pty Ltd (ABN 78 099 137 274).

You agree that in taking a course, you will abide by all relevant Compliance & Competency Management Pty Ltd (CCM) policies listed below, including but not limited to any policies that relate to the usage of electronic resources and the CCM Privacy policy.

CCM and all affiliated companies respect the intellectual property of others, and we require our users to do the same. The unauthorised reproduction, copying, distribution, modification, public display, public performance, communication, or use of copyright works constitutes infringement of the copyright owner's rights. As a condition to your use of capable, you agree not to use capable to infringe the intellectual property rights of any person, including us, in any way. We will terminate the accounts of any users and block access to capable for any users, who infringe the copyrights, or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to you or the user whose access is terminated. You acknowledge that the courses themselves are subject to copyright and other intellectual property laws. Except where a course expressly authorises you to do so, you must not copy, download or print any material from the course or distribute or broadcast any such material. You must not take extracts from the course and/or pretend that those extracts are your own work. You must keep the details of the course content confidential.

Within capable, you can provide feedback, answer questions, and communicate with other people (such as other participants in the course or instructors). You agree that any such communications will be both polite and relevant to the course, and not indecent, offensive, inflammatory, fraudulent, defamatory, illegal, misleading, deceptive, or knowingly untrue. You agree you will not disclose information communicated to you through your use of capable. You agree that you will not disclose or communicate information confidential to CCM except where you are specifically authorised to do so.

You hereby grant a licence to CCM for CCM to use, including without limitation, to reproduce, store, communicate to any and all relevant persons, and otherwise deal with any material submitted by you in the course of your undertaking training or otherwise accessing capable. The licence extends to all acts which, in the opinion of CCM, are necessary for the successful operation of capable. You agree that you are responsible for maintaining the confidentiality of information, including passwords, received by you in the course of accessing capable. You are responsible for all uses of your registration/enrolment, whether or not authorised by you. You agree to notify CCM and your employer immediately, if relevant, regarding any unauthorised use of your registration or password.

In order to operate, capable relies on several pieces of information about you. Such information may include your name, identity number, department, business unit, email address, contact phone numbers, postal address, your curricula, course names and completion dates. CCM may supply this information to the course providers, instructors of the courses, examiners of course responses, or to your employer if you have nominated that you are enrolled in the course as a work-related requirement. You acknowledge that CCM may supply your information to these people and to any other person to whom it is necessary in order to ensure the proper operation of capable or as required by law. Please review our privacy policy for more information. CCM represents and offers various services from a variety of training organisations, whether accredited or not, and does not provide the training. Unfortunately, from time to time training classes are cancelled or changed due to a variety of reasons, including too few enrolments, instructor shortages, re-allocation of resources and other logistical problems. Class changes and cancellations are not within the control of CCM. Accordingly, CCM is not responsible for any loss, damage, liability, expense or other problem or cost that you may incur or that may arise as a result of any class, the instruction received therein, your class being cancelled, or as a result of, or any change in, the subject matter, location or time of the class, or change in the instructor, facilities or equipment used in the class.

You agree that CCM does not make any representations or warranties to you (or anyone else) about the quality, accuracy or fitness for purpose of any information you receive in relation to or from capable or training. You should only rely on training material ("Material") for the purpose and in the context in which it is provided and taking into account any instructions from authorised personnel. If any information is provided in a course which conflicts with your understanding of CCM's policies or procedures, you should report this fact and seek out an appropriately authorised person to inform you of the correct situation. You acknowledge that training is likely to be provided by third parties and may not be perfectly tailored to your or your company's requirements or desires.

CCM does not warrant that capable will operate error-free or that CCMS and its servers are free of computer viruses or other harmful mechanisms. If your use of capable or the material results in the need for servicing or replacing equipment or data, CCM is not responsible for those costs or for any consequential damage suffered by you or your employer. Access to capable and material are provided on an "as is" basis without any warranties of any kind. CCM, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The company makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.

You agree that CCM is not liable for any loss, liability, cost, expense or damage (including without limitation legal fees) whether arising directly or indirectly, in contract, tort (including negligence) or otherwise, that you or anyone associated with you suffers as a result of your use of capable or training, or any omissions or defects in such training. In consideration for being permitted to enrol in the training course you have selected, you indemnify and hold harmless CCM for any loss, liability, cost, expense or damage, including without limitation reasonable attorney's fees, that CCM suffers as a result of your use of capable or training.

In no event shall CCM, its suppliers, training organisations supplying courses, or any third parties mentioned on capable be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use capable and the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.