Thanks for visiting CareerLounge

Please read through these terms and conditions carefully before accessing or using the information and services available through the CareerLounge website www.careerlounge.com.au ("Site"). By accessing or using the Site, you agree to be bound by the terms and conditions below.

CareerLounge may modify these terms at any time, and such modifications shall be effective immediately upon posting the modified terms on the Site.

Specific terms relate to students, employers and advertisers as below. There is also an extensive Privacy Policy for users of the Site.

1.         About these Terms and Conditions of Use

1.1   Definitions

In these Terms and Conditions (Terms):

(a)    Agreement means these terms of use, the CareerLounge Privacy Policy and any other terms incorporated by reference into these terms of use, in each case as amended from time to time in accordance with clause 1.3.

(b)   Content means the information and other content accessible by you on the Website excluding any information or other content accessible to you from a Third Party Website.

(c)    Contributions means information including data, text, video, still images, audio or other material that CareerLounge has permitted you to host, share, publish, post, store or upload on the Site as Content.

(d)   Employer Plus Member is an Employer who has paid an annual fee to gain access to additional features and benefits.

(e)   Member is an Employer, Student or other user who has completed the registration form on the Site, been issued with a username and password and accessing the Content, Materials and features on the Site.

(f)     Other User Contributions mean information including data, text, video, still images, audio or other material that CareerLounge has permitted users other than you to host, share, publish, post, store or upload on the Website as Content.

(g)    Purpose means:

(i)     the development of closer relationships with educational and training institutions and students attending those institutions; and

(ii)    the promotion of youth vocational opportunities and employment.

(h)   Third Party Website means a website controlled by a person other than CareerLounge and which is linked to the Website.

(i)      Site means the CareerLounge website accessible via the URLwww.careerlounge.com.au.

(j)     Website Materials means all of the materials displayed on this website, including (without limitation) all information, text, graphics, names, logos, trademarks, design, software and advertisements.

(k)    we, our or us or CareerLounge means CareerLounge Pty Ltd ACN 131 952 004 and includes its directors, employees, agents, consultants and contractors.

(l)      you or your means the person or member who, by accessing and using the Site, accepts and is bound by these Terms.

1.2   Terms and Privacy Policy are binding

Your use of our website and/or your registration as a member (student , employer or otherwise) signifies that you agree to be bound by, and abide by, these Terms, and has the same force and effect as if you had actually signed these Terms.Your use and/or registration is also subject to our Privacy Policy.

1.3   Variations

CareerLounge reserves the right to revise and update these Terms and our Privacy Policy as follows:

(a)    if we consider that the change is likely to benefit you or have a neutral or minor detrimental impact on you, we may make any changes immediately without notifying you except by publishing the amended Terms or Privacy Policy (as applicable) on our website;

(b)   if we consider that the change is likely to have a significant detrimental impact on you, we will make the change 10 business days after we have notified you of the change (solely by using the email address you have provided) and we will display a notice on the website describing the change.

Your continued use of the Site will mean that you accept those changes.

2.         Employer Plus Membership

2.1   Nature of membership

(a)    We offer a paid membership that grants access to a number of additional features, as advertised from time to time on the Site, not available to anyone other than an Employer Plus Member.

(b)   Employer Plus Membership is offered at our discretion. We have the right to accept or reject any application for Employer Plus Membership.

2.2   Application and payment

(a)    You must apply to be an Employer Plus Member.

(b)   Annual Fees are calculated on a per application basis and will be confirmed by written quote either via the online application form or by e-mail.

(c)    You must pay any applicable joining or annual fee and other fees as published by CareerLounge (on the Site) from time to time.

(d)   Where an application is accepted, the applicable joining or annual fee is non-refundable.

2.3   GST

(a)    Words or expressions used in this clause which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this clause.

(b)   For the purposes of these Terms, where the expression GST inclusive is used in relation to an amount payable or other consideration to be provided for a supply under these Terms, the amount or consideration will not be increased on account of any GST payable on that supply.

(c)    Any consideration to be paid or provided to us for a supply made by us under or in connection with these Terms, unless specifically described in these Terms as GST inclusive, does not include an amount on account of GST.

(d)   Despite any other provision in these Terms, if we make a supply under or in connection with these Terms on which GST is imposed (not being a supply the consideration for which is specifically described in these Terms as GST inclusive):

(i)     the consideration payable or to be provided for that supply under these Terms but for the application of this clause (GST exclusive consideration) is increased by, and you must also pay to us, an amount equal to the GST payable by us on that supply; and

(ii)    the amount by which the GST exclusive consideration is increased must be paid to us by you without set off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be provided.

(e)   If a payment to a party under these Terms is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense.

2.4   Activation

Employer Plus Membership will be activated once we have received confirmation that all applicable fees have been paid.

 

Additional features will become automatically visible to the Employer Plus Member once activation is confirmed, via your existing username and password (see Clause 3).

3.         User name and password

(a)    All Members of the Site will be asked to nominate a user name and password.The user name and password will be used for your secure login.

(b)   It is your responsibility to ensure that your user name, password and any other security information are kept secure.You must never disclose your personal password to anyone.If you do share your password or your personal information with others, you are responsible for all actions taken in the name of your account.

(c)    If you lose control of your password, you may lose control of your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.

3.1   Change of details

You must advise us of any change of name, address, or other details at your earliest convenience after the change. Changes to any of your details may be made directly on the Website or by calling or emailing us.

4.         Member code of conduct

(a)    You represent and warrant that all information that you provide to us:

(i)     is true and accurate; and

(ii)    does not infringe or violate the intellectual property rights or any other rights of anyone else.

(b)   You are responsible for:

(i)     the use of the Content, access to your Contributions and the use of any tools on the Website; and

(ii)    any breach of these terms and conditions,

by any persons authorised by you to use your user name, password and any other security information.

(c)    You must not:

(i)     abuse or misuse your Membership, any benefits, facilities, services or arrangements accorded to you as a result of the Membership;

(ii)    act in a way which is likely to be detrimental to the interests of CareerLounge or the Membership;

(iii)  supply or attempt to supply any false or misleading information, or make any misrepresentation to us;

(iv)  sell, assign, transfer or acquire, or offer to sell, assign, transfer or acquire any Membership benefit other than in accordance with these Terms; or

(v)   act in a way which in our reasonable opinion breaches or is likely to breach these Terms or is inconsistent with the intent of these Terms.

(d)   You must not use the Website:

(i)     or any of the services provided on the Website for any purpose that is unlawful, breaches any applicable code of conduct, infringes a third party's rights or is prohibited by these Terms;

(ii)    to breach or circumvent or attempt to breach or circumvent the security of our website (including 'hacking') or engage in any other malicious, illegal or damaging behaviour in relation to our website; or

(iii)  in a way which interferes with other users (including transmission of spam).

5.         Permitted use

5.1   Permitted use

You may for the Purpose:

(a)    access the Site in order to view, retrieve and display the Content;

(b)   make Contributions;

(c)    electronically save parts of the Content (Employer Plus Members); and

(d)   print out single copies of parts of the Content .

5.2   No other use or licence

All other use, copying or reproduction of any part of this website (including, without limitation, reproduction on any other website or systematic downloading of Site Content) is prohibited.You must not use the Site in any manner or for any purpose which is unlawful or which violates the rights of any owner of any content.Unless expressly stated otherwise, nothing contained in the Site should be construed as a licence or right of use of any trade mark displayed on the Site without the express written permission of the owner of the trade mark.

6.         Prohibited use

You must not, at any time:

(a)    access or use the Site or make Contributions for any purpose other than the Purpose;

(b)   publish, communicate or adapt any of the information or Content accessible on the Site;

(c)    make copies in any form of all or parts of the Content other than as reasonably required for your personal non-commercial use;

(d)   make Contributions that include commercial or advertising material;

(e)   alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose;

(f)     adapt, translate, reverse engineer, dissemble or decompile the Site or any part of the Site;

(g)    directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code or item of a destructive nature in or on the Site, or in any manner whatsoever corrupt, degrade or disrupt the Site;

(h)   remove any copyright, trademark, electronic rights management information or other proprietary rights notices contained in or on the Site;

(i)      use any robot, spider, site search/retrieval application, offline reader, or other device to retrieve or index any part of the Site;

(j)     collect any information about other users or members (including usernames and/or email addresses) for any purpose other than the purposes of the Site;

(k)    reformat or frame any part of the web pages that are part of the Site;

(l)      create user accounts by automated means or under false or fraudulent pretences;

(m)            create or transmit unwanted electronic communications (including 'spam') to other users of the Site or otherwise interfere with other user's enjoyment of the Site;

(n)   use the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which is deemed threatening or obscene;

(o)   take any action that imposes, or may impose in CareerLounge's sole discretion, an unreasonable or disproportionately large load on its IT infrastructure;

(p)   use the Site, intentionally or unintentionally, to violate any applicable local, state, national or international law; or

(q)   collect or store personal data about other users in connection with the prohibited activities described in this clause 4.

7.         Website operation and Content

7.1   Functions not error free

We do not warrant that any of the functions contained in the Site or your access to the Site will be uninterrupted or error free, or that any outage notifications will be made in a timely manner, or at all.

7.2   Website maintenance

It may be necessary to interrupt the services provided on our Site in order to upgrade or maintain them, or for other circumstances beyond our control. Should we need to interrupt the availability of services on the Website, we will use our reasonable endeavours to minimise any interruption to the services.

7.3   Viruses

We do not represent or warrant that the Site, the Site Content or any other material accessible from this website is free from computer viruses (including macro viruses) or any other defect or error which may affect your software or systems.You should protect your software and systems by installing and implementing your own security and system checks.

7.4   No warranty or responsibility for Website Content

CareerLounge has used its best endeavours to ensure that the Site Content (which may include information obtained from our licensors and other third parties) is correct and current. However, the Site Content may include errors and changes or events may occur which cause the information to be inaccurate or out of date.Accordingly, to the maximum extent permitted by law, we do not warrant the reliability, accuracy, currency or completeness of the Site Content and take no responsibility for any error, omission or defect contained in the Site Content.

7.5   Intended use of Website Content

The Site Content:

(a)    is intended for Australian residents;

(b)   is provided for information purposes only, and is not intended to be used to for any other purpose; and

(c)    is not a substitute or replacement for career, education or other advice from qualified, independent and/or professional advisers.

CareerLounge does not give, nor purport to give, recommend or endorse any specific employer or procedures, opinions or other information that may be mentioned on the Site. Reliance on any information provided by us and others appearing on the Site is solely at your own risk.

7.6   Copyright and trade marks

The Site Content is protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.

8.         Contributions

8.1   Your contributions

CareerLounge will permit you to make Contributions.Contributions that you make must be solely for the Purpose. You retain sole responsibility and accept all liability for your Contributions.CareerLounge disclaims any and all liability in connection with Contributions.CareerLounge does not in any way endorse the information in Contributions including any opinion, recommendation or advice expressed.CareerLounge is under no obligation to treat your Contributions as confidential information.

8.2   Removal of contributions

CareerLounge may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.Without limiting the previous sentence, CareerLounge may remove or disable access to any or all your Contributions if it considers that:

 

(a)    those Contributions are in breach of any law or regulation;

(b)   those Contributions infringe the intellectual property rights of any third party;

(c)    it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;

(d)   those Contributions directly or indirectly involve the advertising or marketing of any products or services;

(e)   those Contributions are:

(i)     misleading or deceptive;

(ii)    inappropriate having regard to the purpose of the Website;

(iii)  likely to cause offence;

(iv)  materially incorrect;

(v)   obscene;

(vi)  defamatory;

(vii)           otherwise unlawful; or

(viii)          corrupted, due to the presence of a virus or other disabling code.

8.3   Ownership of contributions

You retain all of your ownership rights in your Contributions.CareerLounge is under no obligation to treat your Contributions as proprietary information.To the extent that any Contributions are proprietary in nature, you grant CareerLounge a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and perform your Contributions throughout the world in any media, whether currently in existence or not.You also grant each user of the Site a non-exclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by CareerLounge and this Agreement.

8.4   Use by CareerLounge

You grant CareerLounge the right to use your registered name or the name you submit with the Contribution, and, the right to represent and warrant that:

(a)    you own and control all of the rights to the Contributions; or

(b)   you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise CareerLounge to display the Contributions as Content.

8.5   Moral rights

For any Contributions that you may retain moral rights in, you declare that:

 

(a)    you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution;

(b)   you have no objection to the publication, use, modification, deletion and exploitation of the Contribution by CareerLounge;

(c)    you waive and agree not to assert any entitlement to any and all moral rights of an author in any Contribution; and

(d)   you release CareerLounge from any claims that you could assert against CareerLounge by virtue of any such moral rights.

8.6   Other User Contributions

You understand that when accessing the Site, you may be exposed to Other User Contributions.You acknowledge and agree that CareerLounge has no control of and is not responsible for Other User Contributions.You release CareerLounge from any claims that you could assert against CareerLounge relating to or in connection with Other User Contributions.

9.         Intellectual property rights

You acknowledge and agree that all copyright and other intellectual property rights in the Content (other than Contributions made by you) are owned by or licensed to CareerLounge and that nothing in this Agreement conveys to you any right title or interest in the Content except for the rights expressly granted in clauses 2 and 3 and retained pursuant to clause 6.

10.          User warranties

You warrant that:

(a)    you will only use the Content as permitted under clause 3;

(b)   the information you have supplied in the sign up process is accurate in all respects;

(c)    if any of that information changes you will promptly notify CareerLounge in writing of the changes

(d)   your use of the Site will comply at all times with this Agreement and any directions published from time to time by CareerLounge on the Site;

(e)   you will make sure that you keep your username and password by which you access the Site confidential and secure at all times; and

(f)     you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to CareerLounge;

(g)    you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise CareerLounge to display your Contributions as Content; and

(h)   you will not make any Contributions that:

(i)     infringe the intellectual property rights of any third party;

(ii)    are misleading or deceptive;

(iii)  are materially incorrect;

(iv)  are likely to cause offence;

(v)   directly or indirectly involve the advertising or marketing of any products or services;

(vi)  are obscene, including pornographic, hateful, racially or ethnically offensive material;

(vii)           are defamatory;

(viii)          are otherwise unlawful or encourage unlawful conduct; or

(ix)  are otherwise inappropriate having regard to the purpose of the Website.

11.          Changes to this Agreement

11.1          Permitted changes

CareerLounge may change the terms of this Agreement as follows:

(a)    if CareerLounge reasonably considers that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the terms of this Agreement as amended on the Site; or

(b)   if CareerLounge reasonably considers that the change is likely to have a significant detrimental impact on you, it will make the change 30 days after it has notified you of the change by displaying a notice on the homepage of the Site.

11.2          Non-acceptance of changes

If you do not accept a change made by CareerLounge to the terms of this Agreement, your only remedy (except as set out elsewhere in this Agreement) is to immediately:

(a)    cease accessing the Site; and

(b)   terminate your Membership by notifying CareerLounge in writing.

12.          Third Party Websites

You acknowledge that you may be able to access Third Party Websites from the Site. You agree with CareerLounge that:

(a)    CareerLounge makes no representations, and has no liability, to you arising from or in connection with any use of any Third Party Website or any information or other content accessible to you from any Third Party Website; and

(b)   your access to and use of any Third Party Website and information and other content available on it may be governed by terms imposed by the operator of the Third Party Website.

13.          Hyperlinks

13.1          Right to hyperlink

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for the purpose of commercially using and benefitting from the licence granted under this agreement, provided the link does not:

(a)    portray CareerLounge or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner; and

(b)   link to a site that contains any adult or illegal material or any material that is offensive, harassing or otherwise objectionable including pornographic, hateful, racially or ethnically offensive material.

13.2          Revocation

This limited right to hyperlinks may be revoked at any time.

13.3          Use of CareerLounge logo

You may not use a CareerLounge logo or other proprietary graphic of CareerLounge to link to the Site without the express written permission of CareerLounge.

13.4          Links to other websites

We may, from time to time, publish links to other third party websites on the Site. Contents, hyperlinks or information held on other sites is not the responsibility of CareerLounge.These links are provided for your convenience only and by accessing these linked sites, you agree to any terms of access or use imposed by those linked sites.We do not endorse any material on those websites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those websites, nor do we warrant that material on other websites does not infringe the intellectual property rights of any other person.

14.          Exclusion of implied terms, conditions and warranties

14.1          Exclusion of implied terms

If you use the Site, the Trade Practices Act or similar legislation may imply certain non-excludable terms, conditions or warranties into the contract between us, or may give you certain non-excludable remedies against us.If we breach a non-excludable term, condition or warranty, then our liability for that breach (other than breach of a warranty implied by section 69 of the Trade Practices Act) will be limited to, at our election:

(a)    the re-supply of the relevant service, recommendation or information; or

(b)   the payment to you of the cost of having the relevant service, recommendation or information supplied again.

14.2          Exclusion of liability

Except to the extent that liability may not lawfully be excluded, we will not be under any liability to you (or any of your officers, agents or employees) for:

(a)    any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from or in connection with your use of the Website or your use of or reliance upon any of the information, services or materials contained in the Site or provided by the Site to you; or

(b)   any cost, loss, liability or expense arising from death, personal injury or property damage resulting directly or indirectly from your use of the Site.

14.3          Indemnity

You must indemnify us and hold us harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any claim by a third party arising directly or indirectly out of or in connection with:

(a)    any breach by you of these Terms; or

(b)   any suit, claim or demand brought or made against us by or due to the conduct, act or omission of:

(i)     you; or

(ii)    any person accessing your Contributions; or

(iii)  any person accessing any content through your account.

15.          No liability for unavailability or failure in functionality

Other than Non-excludable Conditions, CareerLounge does not make any promises about the availability or functionality of the Site.To the maximum extent permitted by applicable legislation, CareerLounge excludes all liability to you, whether in contract, tort (including negligence) or otherwise:

(a)    arising from any unavailability, or failure in the functionality, of the Site;

(b)   arising from or in connection with any Third Party Website;

(c)    arising from any circumstance beyond the reasonable control of CareerLounge; and

(d)   for any loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with this Agreement or the Site.

16.          Limited liability

To the extent permitted by applicable legislation, CareerLounge's total aggregate liability to you in connection with the use of the Site or any Third Party Website and under or in connection with this Agreement will not exceed the total amount paid to Us by You in Fees in any one year.CareerLounge may disclose personal information about you if it reasonably believes that doing so may mitigate its liability.

17.          Termination

17.1          Termination for convenience

We may terminate your Membership or your access or usage of the Site and/or the Website Material at any time for convenience.If we do so, we will refund to you the pro-rata proportion of any Annual Fee corresponding to the time remaining on your Employer Plus Membership.

17.2          Termination for cause

If you breach any of these Terms (including, without limitation, by failing to pay any money owed to us by the payment due date) we may, at our sole discretion:

(a)    temporarily withdraw or cancel your Membership; or

(b)   cancel and/or refuse to honour any Membership benefits that have been redeemed by or provided to you.

18.          General

18.1          Assignment

You may not assign any of your rights under this Agreement without the prior written consent of CareerLounge.CareerLounge may assign its rights under this Agreement in its sole discretion without prior consent.

18.2          Contact details

If you have any questions or feedback about the Site, please contact us:

CareerLounge Pty Ltd
The Hall, 22 Cecil Place

Prahran VIC 3181

info@careerlounge.com.au

18.3          Entire agreement

This Agreement:

(a)    constitutes the entire agreement between the parties as to its subject matter; and

(b)   supersedes all prior representations and agreements in connection with that subject matter.

18.4          Severability

A term or part of a term in this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining terms or parts of the term of this Agreement continue in force.

18.5          Waiver

CareerLounge does not waive a right, power or remedy under this Agreement if it fails to exercise or delays in exercising a right, power or remedy.A single or partial exercise of a right, power or remedy by CareerLounge does not prevent another or further exercise of that or another right, power or remedy.A waiver of a right, power or remedy by CareerLounge must be in writing and signed on behalf of CareerLounge.

18.6          Governing lawn and jurisdiction

This Agreement is governed by the law applicable in Victoria, Australia, and you and CareerLounge irrevocably and unconditionally submit to the non‑exclusive jurisdiction of the courts of Victoria, Australia.

 

 

Copyright © 2010 CareerLounge Pty Ltd, Melbourne, Australia.All rights reserved.