OZCOURSES PTY LTD ACN 636 964 817 trading as careerprogress.com.au
Website Terms and Conditions (“T&Cs”)
A. OZCOURSES Pty Ltd has developed and acquired certain business procedures and systems together with a distinctive and valuable name, image and reputation associated with the Website.
B. The Site Visitor desires to access the Website and OZCOURSES Pty Ltd services.
C. The Site Visitor agrees that its access and use of the Website and the services available through the Website are subject to the T&Cs herein and as updated by OZCOURSES Pty Ltd from time to time.
In these T&Cs:
OZCOURSES means OZCOURSES Pty Ltd.
Party or Parties means the parties to the T&Cs, namely the Site Visitor and OZCOURSES, and includes a reference to the Party’s executors, administrators, successors, permitted assigns, officers, employees, servants and agents and any other persons claiming under or through the Party.
Site Visitor means you the customer or the site visitor.
Website means www.careerprogress.com.au.
In the interpretation of the T&Cs, the following provisions apply unless the context otherwise requires:
a. an expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency;
b. where a word or phrase is given a defined meaning, another part of speech or other grammatical form of that word or phrase has a corresponding meaning;
c. the singular includes the plural and vice versa;
d. a reference to any gender also indicates any other genders;
e. a reference to the word ‘include’ or ‘including’ is to be interpreted without limitation;
f. a reference to a party, clause, part, schedule, annexure or attachment is a reference to a party, clause, part, schedule, annexure or attachment of or to the T&Cs;
g. a thing (including, but not limited to, a chose in action or other right) includes a part of that thing;
h. headings are inserted for convenience only and do not affect the interpretation of the T&Cs.
1. OZCOURSES may monitor any information, course content, content, communication, advice, text or any other material made available or posted on the Website (“Content”).
2. OZCOURSES may block, modify or remove any Content contained on the Website without any notice to the Site Visitor or any other person (“the Amendments”). OZCOURSES will not be liable for the consequences of the Amendments.
3. OZCOURSES does not warrant or make any representations with respect to any of the third party services described or referred to on the Website including, but not limited to, any course or training offered by any person, company or entity directly or through any referral services.
4. The Content is obtained from various third party sources including but not limited to various education providers. Inclusion of any content on the Website is not an endorsement of any organisation, education provider, product or service.
5. OZCOURSES does not endorse any education provider or any education services listed on the Website.
6. The Site Visitor is solely responsible for reviewing any courses listed on the Website by an education provider to determine whether the course is suitable for the Site Visitor.
1. OZCOURSES does not warrant that the Site Visitor will have continuous access to the Website and will not be liable in the event that the Website is unavailable to the Site Visitor for any reason whatsoever including but not limited to computer malfunctions, upgrades, any maintenance activities or interruptions in telecommunications supply.
2. OZCOURSES does not guarantee the delivery of communications and/or services over the internet as such communications rely on third party services providers.
3. Electronic communications are vulnerable to interception by third parties and OZCOURSES does not guarantee the security or confidentially of such communications or the security of the Website.
6. Intellectual property
1. Intellectual Property means:
a. all copyright, trademark rights, patent rights, design rights, or any other intellectual property subsisting in the Website including software, source and object codes, scripts, records, documents, specifications, plans, program listings, calculations or drawings;
b. any advertising and promotional material produced by OZCOURSES or any of its subsidiaries and/or related entities; and
c. any confidential information and/or know how necessary for the administration, operation and marketing of OZCOURSES’s business.
2. Third Party Intellectual Property means:
a. all copyright, trademark rights, patent rights, design rights, or any other intellectual property listed on the Website owned by any third parties; and
b. any advertising and promotional material displayed on the Website and produced by third parties.
3. The Site Visitor acknowledges that:
a. all rights in and relating to the Intellectual Property are and remain under the control and/or the property of the OZCOURSES;
b. all rights in and relating to the Third Party Intellectual Property are and remain under the control and/or the property of the relevant third party;
c. the Site Visitor shall not acquire any right, title or interest in any of the Intellectual Property or Third Party Intellectual Property;
4. The Site Visitor must not:
a. display any of the Intellectual Property or Third Party Intellectual Property without first obtaining OZCOURSES prior written consent;
b. do or be involved in anything which may impair or prejudicially affect the Intellectual Property or Third Party Intellectual Property;
c. not register or seek to register any of the Intellectual Property or Third Party Intellectual Property
7. Website Licence and Use
a. OZCOURSES grants the Site Visitor a non-exclusive and non-transferable licence to use the Website for its own personal use subject to the restrictions specified in clause 8.
b. The Site Visitor may not download (other than page caching) or modify the Website or any portion of the Website.
c. Any Content that the Site Visitor posts on the Website or otherwise provides or communicates to OZCOURSES will be treated as non-confidential and non-proprietary information.
8. Prohibited uses
1. In using the Website the Site Visitor must not:
a. engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;
b. impersonate or falsely claim to represent a person or organisation;
c. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
d. post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
e. post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
2. Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against the Site Visitor.
9. Termination of Access to the Website
1. OZCOURSES may at any time immediately terminate or restrict the Site Visitor’s access to the Website.
2. Any indemnities given by the Site Visitor and any limitations of OZCOURSES’s liability survive termination.
10. Disclaimer of Warranties and Limitation of Liability
1. To the full extent permitted by law, OZCOURSES excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and services advertised or accessible on the Website.
2. OZCOURSES, its subsidiaries, affiliates, officers, agents or other partners and employees shall not be liable to the Site Visitor for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for:
a. damage to property;
b. loss of profits or revenue;
c. loss of data;
d. goodwill; and
e. any other tangible and intangible losses, even if OZCOURSES has been advised of the possibility of such damages,
resulting from or arising in connection with:
a. the T&Cs;
b. the Website;
c. all links and hyperlinks to or from the Website;
d. goods and services advertised, accessible through or sold on the Website.
3. Subject to the provisions of the T&Cs, if for any reason, OZCOURSES is liable for loss or damage of any kind, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to the T&Cs, such liability shall be limited at its sole and absolute discretion to either supplying the services again or the payment of the cost of having the services supplied again.
4. OZCOURSES provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect the Site Visitor’s data, hardware, software or other equipment. By accessing and using the Website the Site Visitor assumes all risk and releases OZCOURSES from all applicable liability and responsibility.
The Site Visitor is liable for and agrees to indemnify the OZCOURSES, its directors, officers, directors, employees, consultants, agents and affiliates in respect of any loss or liability which the OZCOURSES incurs or is liable for as a result of:
a. the Site Visitor’s access or use of the Website;
b. any communications with OZCOURSES;
c. any information given by the Site Visit that is not accurate, up to date or complete or it otherwise misleading;
d. any breach of the T&Cs by the Site Visitor;
e. any damage to the reputation of the OZCOURSES or any third party as a consequence of the Site Visitor’s breach of this agreement;
f. use or misuse of any services provided by OZCOURSES;
g. violation of the rights of any person.
12. Governing Law and Jurisdiction
The T&Cs are governed by and constructed in accordance with the laws of the State of Victoria. The Parties submit to the non-exclusive jurisdiction of its courts. The Parties will not object to the exercise of its jurisdiction by those courts on any basis.
13. No Waiver
A failure or a delay in exercise any right, power or remedy in the T&Cs does not operate as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the Party granting that waiver unless made in writing.
If anything in the T&Cs is unenforceable, illegal or void, it is severed and the rest of the T&Cs remain in force.
15. Entire Agreement
a. To the extent permitted by law, in relation to the subject matter of the T&Cs, the T&Cs embodies the entire understanding of the Parties and constitutes the entire terms agreed on between the Parties.
b. The site visitor acknowledges that it agrees to the T&Cs fully and voluntarily on its own information and investigation.
a. The Site Visitor must not assign any of its rights, interests, obligations or liabilities under the T&Cs without the prior written consent of OZCOURSES.
b. OZCOURSES may transfer all or any part of its rights, interests, obligations or liabilities under the T&Cs by assignment.
1. OZCOURSES may from time to time review and update the T&Cs.
2. The Site Visitor’s use of the Website will be governed by the most recent T&Cs posted on the Website.
3. It is the Site Visitor’s responsibility to check the Website regularly for updated versions of the T&Cs.
4. The Website is subject to change at any time without notice and may contain errors.
5. OZCOURSES reserves the right to change the services and functionality made available through the Website.
6. OZCOURSES reserves the right to change content on the Website at any time without any notice to the Site Visitor.
18. Contact Us
If you would like to get in touch regarding the Terms and Conditions, please contact us using our contact us form.