Conditions of Sale
Website Conditions of Use
1. If you use our website, you will do so on the basis of the following terms and conditions (‘Conditions’) and you acknowledge that the Conditions govern your use of and access to our website and to the purchase of any of our Products.
2. We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on our website. Your subsequent or continued use of our website will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use our website.
3. We use reasonable endeavours to ensure that our website is available continuously, but we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to our website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
4. Except as expressly provided otherwise in the Conditions we reserve the right:
4.1. to change or discontinue our website at any time;
4.2. to change the pricing for any Product on our website at any time without providing notice to you.
5. To access or use certain parts of our website, you must register as a member. Registration is free.
6. When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested.
7. You must:
7.1. inform us of any changes to your registration information;
7.2. ensure the security and confidentiality of your membership details, including any username and the password assigned to you;
7.3. Notify us immediately if you become aware of any unauthorised use of your membership details
8. You must not:
8.1. register as a member multiple times;
8.2. Impersonate or create a membership for any person other than yourself.;
8.3. Permit your membership details to be used by or transferred to any other person.
9. We may at any time:
9.1. Request a form of identification to verify your identity;
9.2. In our sole discretion, suspend or terminate your membership or access to our website, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.
10. As a member you have the right to purchase any of our Products by paying us the price in the way required.
11. Any Product purchased by you will be delivered to you on the earlier of when you download the Product or when the Product is sent by us by email to the address you have nominated.
12. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card).
13. You must not:
13.1. use our website in breach of any applicable laws or regulations;
13.2. Use our website (or Material obtained from our website):
(a) To transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
(b) To impersonate any person or entity;
(c) To solicit money, passwords or personal information from any person;
(d) To harm, abuse, harass, stalk, threaten or otherwise offend others; or
(e) For any unlawful purpose.
13.3. Use our website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) anything that: (a) is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
(b) Contains, promotes, or provides information about unlawful activities or conduct;
(c) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including stuff that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(d) Exploits another person in any manner;
(e) Includes an image or personal information of another person or persons unless you have their consent;
(f) Poses or creates a privacy or security risk to any person;
(g) You know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
(h) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
(i) Advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
13.4. Interfere with, disrupt, or create an undue burden on our website;
13.5. Use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of our website;
13.6. Use our website with the assistance of any automated scripting tool or software;
13.7. Frame or mirror any part of our website without our prior written authorisation;
13.8. Use code or other devices containing any reference to our website to direct other persons to any other web page;
13.9. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our website or cause any other person to do so; or
13.10. Delete any attributions or legal or proprietary notices on our website.
14. By uploading, transmitting, posting or otherwise making available any Material on our website, you:
14.1. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
14.2. Except where expressly stated otherwise, also grant each user of our website a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;
14.3. Warrant that you have the right to grant the abovementioned licences;
14.4. Warrant that the Material does not breach the Conditions; and
14.5. Unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
15. We reserve the right (but have no obligation) to:
15.1. Review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
15.2. Monitor use of our website, and store or disclose any information we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.
16. We are not responsible for, and accept no liability for, any Material uploaded, posted, transmitted or otherwise made available on our website by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on our website simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
17. If you think our website has been accessed or used by another user in breach of the Conditions, please email us at email@example.com. We will consider if there are grounds for taking action, but we do not have to contact you with our decision.
18. If you wish to send us a copyright infringement notification, you must identify the material you believe infringes your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to firstname.lastname@example.org.
19. Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights to or in our website.
20. Our website contains Material protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on our website for your own personal, non-commercial use only. Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.
21. In particular, you may not use any Material on our website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
22. Nothing displayed on our website is construed as granting any right of use to any logo, masthead or trade mark displayed on our website without the express written consent of the relevant owner.
Third party websites, advertising and activities
23. We may feature or display:
23.1. Links and pointers to websites operated by third parties on our website. Such websites do not form part of our website and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave our website entirely at your own risk;
23.2. Third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
24. You must not link to our website from any other website (or otherwise authorise any other person to link from a third party website to our website) without our prior written consent.
25. If you contact a third party using functionality provided on our website, including by e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
26. From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party.
27. You use our website at your sole risk.
28. Except where expressly stated otherwise, Material on our website is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions. You acknowledge you are solely responsible for all decisions taken or not taken by you.
29. In particular Careernav does not accept any responsibility for the accuracy of the information provided by Hobsons Good University Guide Source and encourages users to contact the university directly in order to obtain specific details of entrance requirements and course details.
30. We do not make any representation or warranty that any Material on our website will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
31. We will not be liable for loss resulting from any action or decision by you in reliance on the Material on our website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
32. You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with our website in any circumstance.
Limitation of liability
33. To the extent permitted by law, we exclude all conditions and warranties about your use of our website that are not expressly set out in the Conditions.
34. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, you acknowledge our liability will be limited, at our option, to in the case of Products supplied or offered by us;
34.1. The re-supply or replacement of those Products; or
34.2. The payment of the cost of having those Products re-supplied or replaced.
35. In relation to any express warranty or condition set out in the Conditions for our Products, our liability to you will be limited to the amount(s) paid by you (if any) for those Prodcuts.
36. You acknowledge our liability to you for any matter related to the subject matter of these Conditions including the supply of any of our Products to you will not include any special, indirect, incidental or consequential damages of whatever nature howsoever arising and will not exceed the cost to you for the particular transaction which has caused you the loss or damage.
37. You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with our website, including any breach by you of the Conditions.
38. Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) on our website are stated exclusive of GST. Where GST applies to any supply made to you, we will add the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax Invoice means tax invoice as defined by the Act.
39. If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision does not affect the validity of the remaining provisions of the Conditions, which remain in full force and effect.
40. A waiver of any term of the Conditions will not be deemed as a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions does not constitute a waiver of such right.
41. These Conditions are governed by and are to be read and interpreted according to the laws of Victoria. Each of Careernav and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non conveniens or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.
Definitions and Interpretation
42. In these terms and conditions:
42.2. ‘our website’ means the website we own and operate from time to time under the name http://www.careernav.com.au/, regardless of how this website is accessed by users (including via the Internet, mobile phone or any other device).
42.3. ‘Material’ means text, illustrations, photos, audio, video, forms or any combination of these or other material.
42.4. ‘Product’ or ‘Products’ means any product, service or package available to you to purchase on our website.
42.5. ‘Careernav’ means Careernav Pty Ltd ACN 134 496 487 of , Building 4, 8 Rocklea Drive Port Melbourne, Victoria, 3207, our agents, officers, successors and advisors and ‘we’, ‘our’ and ‘us’ have a corresponding meaning;
42.6. The singular includes the plural and vice versa;
42.7. A reference to currency is a reference to Australian dollars;
42.8. “You”, “your” means the person using our service