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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.
3.2. 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.
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.
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 email@example.com or by mail to 32 Punch Lane, Melbourne Victoria 3000 Australia.