Please read these terms of use carefully. They govern your rights and obligations. Your use of the Site constitutes your agreement to these Terms of Use (the “Agreement”). This site (the "Site") is operated by Career Wizard Australia Pty Ltd ABN 75 611 936 979 (referred to herein as, "we", "us", "our" or "Career Wizard" as the context indicates). We provide site users ("you", "your" or "user" as the context indicates) with access to information, content and services, including information, text, data, images, forums and other similar materials (such information, content and services, collectively, the "Services"). Your use of the Site is governed by these Terms of Use (this "Agreement"), regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (commonly referred to as "WAP"), through a mobile network, or otherwise). This Agreement is between you and us. The Site may include or be used in connection with certain Third Party Applications (as defined in Section 10 below). Your access to or use of such Third Party Applications may be governed by additional terms and conditions that are not contained in this Agreement.
1.1. By using the Site, you agree to the terms of this Agreement. Additionally, you affirm that you are over 18 years of age, or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. Where we have a valid reason for doing so, we may make changes to this Agreement from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use (this Agreement) on the Site. You can determine when we last changed this Agreement by referring to the "Last Updated" legend above. Your use of the Site following changes to this Agreement will constitute your acceptance of those changes; provided, however, any material change to this Agreement shall not apply retrospectively to any claim or dispute between you and us in connection with this Agreement that arose prior to the "Last Updated" date applicable to that version of this Agreement in which we included such material change. We may, at any time, modify or discontinue all or part of the Site.
1.2. If you have any questions regarding the meaning or application of this Agreement, please contact us.
2.1. The Site is subject to the jurisdiction or laws of the State of Victoria, Australia. The Site may not be available for use in all Countries and jurisdictions. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
3.1. Your submission of information through the Site is governed by our Privacy Policy (the "Privacy Policy"). Further, to the extent that you submit any personally identifiable information to any third party (for example licensor or service provider, (a “Provider”)) in connection with the Site (for example, via a Third Party Application, as defined in Section 10 below), such third party's collection, use and disclosure of such information may be governed by its own privacy policy, and not by our Privacy Policy. We are not responsible for the information collection, usage and disclosure practices of third parties. You agree that all information you provide to us is true, accurate and complete, and you will maintain and update such information regularly. If you make any of your personally identifiable or other information publicly available on the Site, you do so at your own risk.
3.2. We do not accept, invite or consider unsolicited submissions of ideas, proposals or suggestions, whether related to the Site or otherwise. We do not treat unsolicited submissions as confidential, and any unsolicited submission will become our sole property.
3.3. If you have any questions or concerns please contact the Privacy Officer at Career Wizard.
4.1. By using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behaviour. You must not:
(a) post, transmit, or otherwise make available, through or in connection with the Site:
(i) anything that is or may be threatening, harassing, degrading, hateful or intimidating, defamatory, tortuous, obscene, indecent, pornographic or otherwise objectionable;
(ii) anything that is or may be protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right;
(iii) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking" or "phreaking”;
(iv) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation; or
(v) any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
(b) use the Site for any fraudulent or unlawful purpose;
(c) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks;
(d) remove, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site, or restrict or inhibit any other person from using the Site; or
(e) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape", "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site.
4.2. We may terminate your use of the Site for any conduct that we reasonably consider to be inappropriate, or if you otherwise breach this Agreement.
5.1. You may need to register to use part(s) of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. You are responsible for any use of your user name and password; they are for your personal use only and should be kept confidential. You agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.
6.1. We may, but are not obliged to:
(a) monitor, evaluate or alter information and submissions before or after they appear on the Site;
(b) verify that all rights, consents, releases and permissions in or relating to such information and submissions have been obtained by you; and
(c) reject or remove any information or submissions at any time or for any reason in our sole discretion.
6.2. You agree to cooperate with us in our verification or inquiries related to any information or submissions on the Site.
7.1. Any sweepstakes, contests, raffles or other promotions ("Promotions") made available through the Site may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules of a Promotion conflict with the terms of this Agreement, the Promotion rules will apply.
8.1. We, or the Providers, own the patents, designs, trademarks, other intellectual property, information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. You must not use the intellectual property rights related to or associated with the Site, the Roy Morgan Career Wizard Test and this Agreement without the prior express written consent of Career Wizard.
9.1. We prohibit site caching, the use or posting of unauthorized hypertext links to the Site and the framing of any content made available through the Site without our express prior written consent.
9.2. The Site may provide links to or feeds from other web sites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. Your access to and use of third party web sites, content, services and resources is at your own risk.
10.1. The Site may include third party software applications and services (or links thereto) that are made available by our Providers ("Third Party Applications"). You agree that we are not responsible or liable for any Third Party Applications, including the performance, accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to Third Party Applications or their use. We have no obligation to monitor Third Party Applications, and we may remove or restrict access to any Third Party Applications (in whole or part) from the Site at any time. The availability of Third Party Applications on the Site does not imply our endorsement of, or our affiliation with any Provider of such Third Party Applications. Further, your use of Third Party Applications may be governed by additional terms and conditions that are not set out in this Agreement or in our Privacy Policy.
10.2. The Site may incorporate certain functionality that allows, via the system or network of which the Site is a component, the routing and transmission of, and online access to, certain digital communications and content made available by third parties ("Third Party Content"). By using such Site functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality. You agree that we are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to Third Party Content. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) via the Site at any time. Your access to or receipt of Third Party Content via the Site does not imply our endorsement of or our affiliation with any provider of such Third Party Content. Further, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy.
11.1. You agree that:
(a) we make no representation or warranty that the Site (or any part thereof), or any goods, services, third party applications, third party content, information or materials made available through the Site is or will be accurate, complete, error-free, or compatible with any particular software or hardware;
(b) we make no representation or warranty that any software, hardware, equipment or other device or system using the Site or any goods, services, third party applications, third party content, information or materials made available through the Site will function in any manner;
(c) to the extent permitted by applicable law and subject to paragraph (e) below, the site and all goods, services, products, third party applications, third party content, information and materials made available through the site are provided to you "as is" without any express representations or warranties of any kind, and we, our affiliates and our respective representatives and providers disclaim, to the extent permitted by applicable law, all statutory or implied representations, warranties, terms and conditions with respect to the site and all goods, services, third party applications, third party content, information and materials made available through the site, including the representations and warranties of satisfactory quality, merchantability, fitness for a particular purpose and non-infringement certain providers may separately provide limited representations and/or warranties regarding their third party applications; check with such providers for further information;
(d) it is your sole responsibility to;
(i) obtain and pay for any software, hardware or services (including internet connectivity) needed to use the Site; and;
(ii) ensure that any software, hardware, equipment, devices, systems or services that you use will function correctly with the site and any goods, services, third party applications, third party content, information or materials made available through the Site;
(e) you must evaluate any reliance on the accuracy, completeness, or usefulness of any third party applications, third party content, information or materials made available through the Site;
(f) we will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind in connection with the site, nor for any damages for loss of profits, loss or interruption of business, loss of use, loss of data, loss of other intangibles, loss of security of information you have provided in connection with your use of the Site (including, without limitation, in connection with your use or receipt of any third party applications or third party content) or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses;
(g) while we try to maintain the security of the Site, we do not guarantee that the Site or any Third Party Applications will be secure or that any use of the Site or any Third Party Applications will be uninterrupted; and
(h) to notify us if you become aware of any unauthorized third party alterations to the Site.
12.1. You indemnify us against all direct and indirect losses, costs, liabilities, claims and expenses, including consequential and economic loss, which we may suffer in whole or in part in relation to a breach by you of any term of this Agreement or enforcement by us of our rights under this Agreement or any fraud, negligence, misrepresentation, act, default, omission by you in connection with this Agreement or your use of the Site. This term shall not merge upon termination of this Agreement.
13.1. This Agreement shall continue until Terminated. You may terminate this agreement by written notice to us. We may terminate this by written notice to you. We may also, at any time and for any reason at our sole discretion, terminate your access to or use of:
(a) the Site;
(b) your user name and password; and
(c) any files or information associated with your user name and password.
13.2. You indemnify us against all direct and indirect losses, costs, liabilities, claims and expenses, including consequential and economic loss, which we may suffer in whole or in part in relation to a breach by you of any term of this Agreement or enforcement by us of our rights under this Agreement or any fraud, negligence, misrepresentation, act, default, omission by you in connection with this Agreement or your use of the Site. This term shall not merge upon termination of this Agreement.
14.1. You may not assign, transfer or sub-licence any or all of your rights or obligations under this Agreement without our express prior written consent.
14.2. No failure to exercise or enforce or a delay in exercising or enforcing or the partial exercise or enforcement of any right, remedy, power or privilege under this Agreement by any party to this Agreement shall operate as a waiver and shall not in any way preclude any further exercise or enforcement of this Agreement or the exercise or enforcement of any other right, remedy, power or privilege under this Agreement or provided by law. A single or partial exercise of any right, remedy, power or privilege does not preclude any other or further exercise of that or any other right, remedy, power or privilege.
14.3. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor franchisee relationship between you and us.
14.4. The parties acknowledge that, in entering into this Agreement, they has not relied on and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.
14.5. The parties agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14.6. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
14.7. We are not be responsible for failure to fulfil any obligation due to causes beyond our control.
14.8. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You may provide notice to us by email to info@careerwizard.com.au or by mail to 32 Punch Lane, Melbourne Victoria 3000 Australia.