Terms of Service

These Terms of Service (Terms) govern your access to and use of the Kestrel Assurance website, accounts, and training platform (together, the Services) operated by Kestrel Assurance Pty Ltd (we, us, our). By creating an account or using the Services you agree to these Terms.

1. Nature of the Services — not legal advice

We provide AML/CTF compliance services, training and general information about obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and related AUSTRAC guidance. Information provided through the Services is general in nature and does not constitute legal, financial, tax or regulatory advice. You remain responsible for your own compliance obligations and should confirm your position against current AUSTRAC guidance and, where appropriate, qualified legal and accounting professionals.

2. Eligibility & accounts

• You must be at least 18 and able to form a binding contract.
• You are responsible for the accuracy of your account details and for all activity under your account.
• You must keep your password and one-time codes confidential. Notify us immediately of any unauthorised use at hello@kestrelassurance.com.au.

3. Training access & licence

When you purchase an on-demand course, we grant you a limited, non-exclusive, non-transferable licence to access that course online for the stated access period (typically 12 months from purchase), for your own professional development or that of the named user or firm.

• Course access is personal to the purchasing user or firm seat. Sharing credentials or course content beyond your entitlement is not permitted (see the Acceptable Use Policy).
• You may not download, copy, record, resell, sublicense or publicly distribute course videos, materials or assessments except where a download is expressly offered.
• CPD certificates are issued to the individual who completes the course and its assessment.

Content accuracy & point-in-time nature

All training and educational materials (including videos, webinars, slides and handouts) reflect our understanding of the AML/CTF regime and AUSTRAC guidance current as at the date each item is produced. Laws, regulations and regulator guidance change, and materials may not reflect developments after their production date.

Training content is general information only, is not legal, financial, tax or regulatory advice, and must not be relied upon as such. You are responsible for confirming your current obligations against AUSTRAC guidance and, where appropriate, obtaining professional advice for your circumstances. To the maximum extent permitted by law (and subject to clause 9), we accept no liability for any act or omission made in reliance on training content, which is provided for educational purposes and used at your own discretion.

4. Services engagements

Advisory and managed compliance engagements (program build, managed compliance, independent evaluations) are governed by a separate statement of work or engagement letter, which prevails over these Terms to the extent of any inconsistency for that engagement.

5. Fees & payment

Fees, taxes, access periods and any recurring charges are described at the point of purchase and in our Purchase & Refund Terms. Payments are processed by Stripe; by paying you also agree to Stripe’s terms.

6. Intellectual property

All content, courseware, templates, trademarks and materials made available through the Services are owned by us or our licensors and are protected by law. Except for the limited licence in clause 3, no rights are granted to you.

7. Acceptable use

Your use of the Services is subject to our Acceptable Use Policy. We may suspend or terminate access for breach.

8. Disclaimers

To the maximum extent permitted by law, and subject to clause 10, the Services are provided “as is”. We do not warrant that the Services will be uninterrupted or error-free, or that training completion guarantees any regulatory outcome.

9. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), that cannot lawfully be excluded. Where our liability for a failure to comply with a consumer guarantee can be limited, it is limited (at our option) to re-supplying the relevant service or paying the cost of re-supply.

10. Limitation of liability

Subject to clause 9, to the maximum extent permitted by law our total aggregate liability arising out of or in connection with the Services is limited to the amount you paid us for the relevant Service in the 12 months before the event giving rise to the liability. We are not liable for indirect or consequential loss, or loss of profits, data or business.

11. Indemnity

You agree to indemnify us against loss arising from your breach of these Terms or your unlawful or unauthorised use of the Services.

12. Suspension & termination

You may close your account at any time. We may suspend or terminate access for breach of these Terms or where required by law. Access to purchased courses may end on expiry of the access period.

13. Changes

We may update these Terms from time to time. Material changes will be notified via the Services or by email. Continued use after changes take effect constitutes acceptance.

14. Governing law

These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.

15. Contact

Kestrel Assurance Pty Ltd — hello@kestrelassurance.com.au — 1300 557 173.