Terms and Conditions

Certification Program Agreement

Updated 9 January 2024

This Endurily Certification Program Agreement (the “CPA’) contains terms that govern your participation in the Endurily Certified Partner Certification Program (the ”Certification”, as defined below), entered between the applicable Endurily Contracting Party and You. Our Certification is offered as an accreditation educational service (the “Services”)

Please read these terms and conditions (the ‘Terms’) carefully. By purchasing our Certification educational service, this signifies that you have read, understood and agree to be bound by the Terms.  If you do not agree with these Terms, you must not purchase our Certification and cease using our website immediately.

We reserve the right to review and change any of the Terms by updating this page at Our sole discretion. When we update the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance Of Terms

By accepting these terms, you represent to us that you are lawfully able to enter into this CPA.

1.     The Endurily Certified Partner Program (“Certification”)

1.1. Participation Requirements

To participate in the Certification, you must comply with all requirements including the educational audio information, course material and online quiz assessments to complete the certification assessment, and the brand clearance reports to maintain your annual membership, as detailed in these terms (all of the preceding collectively, the “Certification Requirements”)

1.2. Valid Certification

To obtain Certification, you must take the applicable Certification Exam and pass. Each Certification is valid for a period of one (1) year from when you purchase the Certification, not when you complete your certification. 

1.3. Your Responsibilities

At all times when representing yourself as the recipient of Our Certification or participating in the Certification Program (e.g., through registration, promoting your credentials, promoting our Services, you must:

(a) conduct your activities in a professional manner;

(b) not imply any relationship or affiliation between Us and you, except as expressly permitted by this CPA;

(c) maintain the confidentiality of your Certification account and login credentials;

(d) not allow any other individual to access your Certification account or Certification benefits for any reason, including to register for a Certification exam on your behalf;

(e) report any Unauthorised Content Disclosures, including any course materials, Certification Exam or Testing Materials you have accessed, to Us at hello@endurily.com.au; and

(f) ensure all Your Certification account information is current including, but not limited to, an email address that you regularly check and that is able to receive email correspondence from the @enurilycertifiedpartner.com.au domain.

1.4. Use of Endurily Marks

When you obtain Certification, we grant you the limited right to use the associated Endurily Marks, which will be made available in your Certification account. You may only use the Endurily Marks in accordance with the Endurily Certified Partner Trademark Use Guidelines, available in your Certification account to indicate your valid Endurily Certified Partner Certification status. We may revoke your right to use any Endurily Mark at any time by giving you written notice.

2.  Passing Certification

2.1      Rules

You will comply with all rules and regulations applicable to passing your Certification, including, without limitation, fully and truthfully cooperating with any investigation into testing irregularities.

In addition, you will not:

(a) receive or provide unauthorised assistance;

(b) possess, access, or use unauthorised materials including Unauthorised Content Disclosures of any Certification Exam or Testing Materials;

(c) falsify your identity or identification documents, or misuse any testing identification number, username, or other credentials that have been provided to you;

(d) allow another individual to test under your identity;

(e) claim exam results that you did not validly obtain;

(f) disclose or disseminate the content of any course materials, course information, Certification Exam or Testing Materials;

2.2      Retakes

You may retake the Test as many times as you require to pass the Certification.

2.3      Confidentiality

You agree that all Testing Materials, including Certification Exams, are Endurily Certified Partner Confidential Information. Endurily and its licensors owns all right, title and interest in its Confidential Information, including all intellectual property rights. You may not use, disclose, reproduce, copy, transmit, distribute, or make derivative works of the Endurily Certified Partner course material or certification information or Confidential Information in any form.

2.4.     Account Information

We will use your Account Information and personal information in accordance with the Our Privacy Notice. You consent to Our use of your personal information (as defined by the Privacy Notice) to prevent and detect fraud and abuse in order to protect the security and validity of Certification Exams.

2.5      Endurily Certified Partner status

The person who is registered to complete the Endurily Certified Partner certification is the only person who can claim the accreditation.  The certification is valid for one year to the certified person and only the certified person may attribute the annual membership criteria to maintain the Endurily Certified Partner status to renew for the subsequent year.

2.6.     Sharing with Employers

If your employer has arranged for your certification, You are the Endurily Certified Partner to which the certification is assigned.  Your employer may promote that they are an Endurily Certified Partner however You are the nominated certified and accredited person who may execute the Endurily Certified Partner requirements of including the Endurily Brand Clearance report request.  If you leave that employer, your certification remains with you and they have no right to continue to promote your Endurily Certified Partner accreditation status.

2.7.     Noncompliance

If Endurily, or its licensors, determines that you have violated the terms of this CPA before, during, or after a Certification accreditation is awarded, We may take action including, but not limited to, terminating your Endurily Certified Partner certification status, require you to retake a Certification Exam, terminating your rights under this CPA, and prohibiting you from participating in the Program. We will not refund any testing fees if we take any such action or certification fees.

3.  Term and Termination

3.1.     Term

The term of this CPA will begin when you click an “I Accept” button or check box presented with these terms, and purchase the Certification to receive the course materials and will continue until the annual accreditation ends one year from accepting these terms, or termination of your Certification, the termination of your access to the Program, or at such time that you no longer hold a valid Certification.

3.2.     Effect of Termination

Upon termination of this CPA, your Certification will become invalid and you may no longer use the Endurily Marks or claim to hold Certification. Your obligation to cooperate with any investigation into testing irregularities, and to adhere to all confidentiality provisions, will remain in effect.

 

4.   Certification Requirements

4.1      Initial Enrolment

The first time you apply for Certification, you must:

– complete the coursework

– pass the tests

You are granted Certification at this time

4.2      Annual Certification Requirements

Each year of Certification, you must:

  • Purchase a minimum of 3 (three) brand clearance reports from Endurily which demonstrate that you include a legal step of trademark clearance in your brand development services
  • Accurately use and promote the Endurily Marks
  • Keep your Certification account active
  • Participate in training and professional development knowledge upskilling through online participation in activities, as requested by Us.

4.3      Renewal of Certification

Each year on or before the anniversary of your Certification Term, if you have complied with the Certification requirements and terms, you may renew your certification for another year.  To maintain your certification and renew your certification may necessitate, and is not limited to, the following membership requirements:

4.4      Failure to Comply with Certification Requirements

Failure to complete Certification Requirements will result in the termination of your certification.  If you wish to renew, you will be required to retake the complete certification program again as if you were a new member.

 

4.   Limitations of Liability

Neither we nor any of our business affiliates, licensors or certification exam providers will be responsible for any compensation, reimbursement or damages (including lost products of other indirect or special damages) arising in connection with: (I) Your failure to achieve Our Certification or other inability to participate in the Certification program, including as a result of any (a) termination or suspension of this CPA, or (b) Our discontinuation of any Certification, Certification exam, or al or part of the program; or (II) any investments, expenditures, or commitments by You in connection with this CPA or Your use of our access o the program. The limitations in this section apply only to the maximum extent permitted by applicable law.

Delivery. We will deliver our Services and any Report electronically, on tangible media, or by other means, in our sole discretion. When you receive via email, download or access our Services or Report, you are accepting it for use in accordance with the Agreement.

 

5.  Definitions

“Account Information” means information about you that you provide to or on behalf of Endurily in connection with the creation or administration of your Endurily Certified Partner Certification account and registration.  References to the Endurily Certified Partner Site in the Customer Agreement include the member-only Site available only for current and members

 “Endurily Certified Partner Certification” means Our certification designation that you may receive from us indicating you have received a passing score on a Certification Exam.

 “Endurily Certified Partner Certification Program” or “Program” means the program in which we make available to you.

“Endurily Contracting Party” means (“Endurily,” “we,” “us,” or “our”) the Endurily Marks Owner, licensor and the licensee or entities providing the Services.

“Endurily Marks” means any trademarks, brands, or trade names, copyright, logos, and other designations of Endurily, Our licensors and Our affiliates that we may make available to you in connection with this CPA or the Program.

 “Certification Exam” means the test that you must pass to receive a Certification.

 “Testing Materials” means the Certification Exam and any other materials that are provided to you in connection with a Certification Exam including, but not limited to, instructions, study materials, exam questions, audio files, or other content.

 “Unauthorised Content Disclosures” means any Testing Materials that are disclosed by or to anyone without Our express permission by Us including, but not limited to, Testing Materials digital, print and audio learning files, listed on third-party websites without the express permission of Us.


6.  General Disclaimer

Nothing in the CPA limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. 

Subject to this clause 7 and to the extent permitted by law: 

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

6.1      Use of Our Services 

Use of the Our services is at your own risk. All information provided in the Certification course is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Ours make any express or implied representation or warranty about the content or any content referred to in the Certification materials. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: 

  • failure of performance, error, omission, interruption, deletion, defect, infringement, passing-off, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; 
  • the accuracy, suitability or currency of any information in the Certification, the content, or any of its content-related course materials; and
  • costs incurred as a result of you using the Certification.

6.2      No Client-Attorney Relationship Created

The Certification is not intended to create, nor should such transmission or receipt be taken as creating, a client-attorney relationship between Us and You, the recipient.

 6.3       No Legal Advice

The Certification may provide information concerning potential legal issues, but it is not a substitute for independent legal advice from qualified counsel. At no time do We review information for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about anyone’s legal rights, remedies, defences, options, selection of forms, or strategies. Use of the Services does not create any fiduciary relationship between You and Us. The accuracy of the Services is neither warranted nor guaranteed and you use the Services at your own risk. Your own brand development services created using the knowledge gained from your Certification may require individual engagement and consultation with an Intellectual Property Lawyer, Patent Attorney or Trademark Attorney prior to or through Your continued Brand Identity development who can advise you specifically on your matter.

6.4      Privacy

We take your privacy seriously and any information provided through your use of the Services are subject to Our Privacy Policy.

6.5      Indemnity

You agree to indemnify Us, our affiliates, employees, agents, contributors, third-party content providers and licensors from and against: 

  • all actions, suits, claims, demands, liabilities, infringements, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Report and use of our Services;
  • any direct or indirect consequences of you accessing, using, transacting or making commercial decisions on the results of the Report and use of our Services; and/or
  • any breach of the Terms.

6.6      Dispute Resolution

Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). 

Notice: A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. 

Resolution: On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must: 

Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties agree that the dispute will be submitted to mediation by the Australian Commercial Disputes Centre, in accordance with the rules of that body.  Each party will pay its own costs in connection with the mediation.

The mediation will be held in Queensland, Australia and both Parties agree that this location will not be changed.

The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence. 

Termination of Mediation: If 120 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so. 

 

6.7      Venue and Jurisdiction 

The Services offered by Us is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia. 

6.8     Governing Law 

The Terms are governed by the laws of Queensland, Australia.

6.9     Severance

If any part of these Terms is found to be void or unenforceable by a Court, that part shall be severed and the rest of the Agreement shall remain in force. 

6.10  Notice and Modifications

We may from time to time modify this CPA. We will notify you of changes by posting them on the CPA website location at https://endurilycertifiedpartner.com.au (the “CPA Site”) or by sending you an email using the email address then associated with your Certification account. You are responsible for checking the CPA Site regularly for changes. Changes will be effective as of the date we post such changes or, if we notify you by email, as stated in the email message. By continuing to participate in the Certification Program, you agree to comply with the most current version of this CPA

6.11    Purchase and Refund

Payment is due on the purchase of the Certification course.  You are not entitled to a refund if you do not like the Certification course or fail to complete the course within the required timeframe