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Terms and Conditions

MILESTONE IT – General Terms of Use - www.mstone.com.au

WARNING: YOU MAY ONLY ACCESS, BROWSE AND USE THIS WEBSITE IF YOU ACCEPT THESE TERMS OF USE. BY ACCESSING, BROWSING AND/OR USING THIS WEBSITE, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND AND WHOLLY AND UNCONDITIONALLY AGREE TO BE LEGALLY BOUND BY AND ACCEPT THESE TERMS OF USE. WE MAY MODIFY AND/OR REPLACE THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE, UNLESS YOU ARE A REGISTERED USER OF OUR WEBSITE IN WHICH CASE WE WILL NOTIFY YOU OF ANY UPDATES TO OUR TERMS OF USE VIA EMAIL. WE WILL UPLOAD THE LATEST VERSION OF OUR TERMS OF USE TO THIS WEBPAGE. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE EACH TIME YOU ACCESS, USE OR BROWSE THIS WEBSITE TO ENSURE YOU HAVE READ AND UNDERSTAND THE LATEST VERSION OF THESE TERMS OF USE. IF YOU DO NOT WISH TO ACCEPT THESE TERMS OF USE, YOU MUST NOT AND CANNOT USE THIS WEBSITE AND MUST IMMEDIATELY LEAVE THIS WEBSITE. IF YOU ARE A REGISTERED USER OF OUR WEBSITE YOU WILL ALSO BE BOUND BY THE ADDITIONAL TERMS THAT YOU AGREED TO AT THE TIME OF REGISTRATION, A COPY OF WHICH IS AVAILABLE BY LOGGING IN TO YOUR ACCOUNT ON THE WEBSITE.

TERMS AND CONDITIONS:

  1. Definitions and Interpretation

    1. Definitions

      In these Terms of Use:

      Additional Terms means the Services Description and any terms, in addition to these Terms of Use, that You agree to during registration on Our Website. For the avoidance of doubt, the Additional Terms can be viewed by You during registration and by logging in to Your account on Our Website.

      Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).

      Business Day means Monday – Friday excluding public holidays in Melbourne.

      Business Hours means 9:00am – 5:00pm on Business Days.

      Consultant means a person who, or entity on behalf of which a person, registers an account on this Website as a “Consultant”, and which registration is accepted by Us.

      Employer means an entity on behalf of which a person registers an account on this Website as an “Employer”, and which registration is accepted by Us.

      GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

      Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.

      Licence means as set out in clause 2.1 (as supplemented by clause 4.2 if You register on the Website).

      Member Data means as set out in clause 5.1.

      Member Services means as set out in the Services Description.

      Moral Rights has the meaning given in the Copyright Act 1968 (Cth).

      Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.

      Personal Information has the meaning given in the Privacy Act 1988 (Cth).

      Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).

      Privacy Policy means Our Privacy Policy located at [insert URL of Privacy Policy].

      Services Description means the contents of the webpage set out at [insert link to services description page].

      Terms of Use means the terms and conditions set out on this webpage as amended by Us from time to time.

      “We”, “Our” and “Us” means Milestone Information Technology Pty Limited ABN 29 104 544 149 of Level 10, 401 Docklands Drv, Docklands, Victoria, 3008 Australia.

      “Website” means the website, the homepage URL of which is specified above and also includes the Member Services and any content, images, text and other information appearing on any page of the Website and any source code and object code in the Website, plus any database which forms part of or which the Website interacts with.

      “You” means you, the person who accesses this Website for any reason, whether or not You are a Member of the Website.

    1. Interpretation

      In these Terms of Use:

      1. Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.

      2. A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.

      3. Currency refers to Australian Dollars.

      4. A reference to a statute or regulation includes amendments thereto.

      5. A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.

      6. A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.

      7. The warning at the top of these Terms of Use forms part of the binding terms and conditions of these Terms of Use.

      8. A reference to time is to time in Melbourne.

      9. A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.

      10. The words “includes”, “including” and similar expressions are not words of limitation.

  1. Licence to be granted to access and browse the Website

    1. We hereby grant You a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable licence to access and browse the Website for personal, non-commercial purposes only (the “Licence”).

    2. You acknowledge and agree that the Licence does not give You any right to access the Member Services unless you have registered for the Member Services.

  1. Registration

    1. Registration provides users with access to functionality on the Website that is not available to unregistered users. In these Terms of Use, we describe the functionality provided by this Website to registered users as Our “Member Services” and which include:

      1. for users that register as an Employer, access to a database of potential consultants who:

        1. We can engage and subcontract to the Employer for a limited amount of time, in exchange for an hourly rate payable to Us for the services to be provided by the Consultant on Our behalf to the Employer; and/or

        2. the Employer may be able to employ; and

      2. for users that register as a Consultant, the ability to upload a resume, video, and contact details and be added to the database of potential consultants referred to in clause 3.1(a).

    2. The provisions of paragraph 3.1 are a summary only. The Member Services are comprehensively described in Our Services Description.

    3. We reserve the right to accept or reject any person’s registration on the Website in Our absolute discretion.

    4. If You register on the Website, You:

      1. warrant that during the registration process You will provide truthful and accurate information only;

      2. if You are registering on behalf of a business entity (such as a corporation), You warrant that You are registering on the Website on behalf of and with the authority and consent of the business entity, the name and details of which You enter during registration;

      3. agree to be jointly and severally liable for any breach of these Terms of Use (and any Additional Terms) by the business entity, the name and details of which You enter during registration.

    5. You must ensure, without limiting clause 3.4, that You provide a valid email address at the time of registration.

    6. We reserve the right to send an email to You with a hyperlink that requires You to verify that You are the owner or operator of the email address entered by You during registration and to cancel/not approve Your registration on this Website if (without limitation) Your rights to the email address are not so verified.

    7. If any of Your contact details or other information which You provide during the registration process changes, You must promptly update Your registration details on the Website with Your up-to-date details and information.

    8. You must not provide Your account name or password for Your account on this Website to any person. You agree and acknowledge that You shall be solely responsible for the confidentiality of Your username and password and any use of Your registered account (including unauthorised use) on this Website.

    9. You must immediately notify Us if You become aware of any unauthorised use of Your account on this Website.

  1. Member services

    1. Only registered users of the Website (“Members”) may access the Member Services.

    2. You agree and acknowledge that if You become a Member the Licence granted to You pursuant to clause 2.1 shall also include a non-exclusive, non-assignable, non-sublicensable, revocable right granted to You, and if You register on behalf of a business entity, the business entity (the name and details of which You enter during registration) to access the Member Services, for the purposes expressly described in the Services Description.

    3. While no fees are payable to register on the Website, each Member must pay the fees and charges set out in the Additional Terms (or as otherwise agreed between You and Us in writing) in accordance with the Additional Terms (“Service Charges”) at the time and in the manner set out in the Additional Terms, plus any applicable GST.

    4. A Member may only access the Member Services from a web browser operated by the Member, solely for the purpose(s) specified in the Services Description and subject to the provisions set out in these Terms of Use and any Additional Terms.

    5. You must pay all costs associated with accessing the Website, including internet access costs, web browser and computer and smartphone equipment costs, telecommunications costs, data costs, roaming charges and, if you are a Member, Service Charges.

    6. Without limiting Our rights and any other provision of these Terms of Use, if the Member fails to pay the Service Charges in accordance with the requirements of these Terms of Use, We may suspend and/or terminate the Member’s access to the Member Services and its Member Data hosted in the Member Services without notice.

  1. Responsibility for and ownership of Member Data

    1. If You are a Member, We agree that as between Us and You, You own all data that You transmit through or upload into the Member Services ( “Member Data”). For example, if You register on Our Website as a Consultant, then You own any video and résumé that You upload to Our Website.

    2. You agree and acknowledge that:

      1. the Member Services and/or Member Data may be hosted by Us or Our suppliers on hardware or infrastructure located in or outside Australia; and

      2. We may not own or operate the infrastructure upon which the Member Services and/or the Member Data is hosted.

      3. You indemnify us and assign all rights for us to use this Data for assessment, dissemination, distribution or whatever way deemed necessary by our agents.

      4. You acknowledge that the Company may collect and record digital videos, employment history, background information, NLP data, health-related data or any other data during the course of the application and interview process.

      5. You grant the Company the right to use, analyze, and process the collected data for the purpose of evaluating qualifications and suitability for employment.

      6. You agree that we may use the data for research, analysis, and improvement of its processes and products, including but not limited to, the development of AI algorithms, machine learning models, and other data-driven technologies.

      7. You indemnify us, our agents, partners and clients from all claims relating to our use of your data.

    3. Each time a Member uses the Member Services the Member warrants, agrees and represents that:

      1. it will only upload , input and transfer Member Data into and/or via the Member Services or disclose Member Data to Us, which the Member is fully entitled and authorised to upload, input, transfer and disclose; and

      2. the Member Data and Our collection, use, storage and/or disclosure thereof in the course of performing the Member Services, will not breach any applicable law or right of any person.

    4. You license Us on an irrevocable, non-exclusive, royalty-free, worldwide basis to publish your Member Data on the Website and anywhere else we deem appropriate for our business purposes.

    5. Each Member is solely responsible for the accuracy, legality and quality of all its Member Data and for obtaining any permissions, licences, rights and authorisations necessary for Us to use, host, transmit, store and disclose the Member Data in connection with the provision of the Member Services.

    6. Except in respect of any Non-Excludable Guarantee, You agree that You, not Us, are solely responsible for backing up and archiving all Member Data, and You waive any rights that You would otherwise have against Us in respect of any such matters.

    7. Except in respect of any Non-Excludable Guarantee, You agree that We are not responsible for any loss, corruption or hacking of any Member Data, and You waive any rights that You would otherwise have against Us in respect of any such matters.

    8. Except in respect of any Non-Excludable Guarantee, if You specify during registration as a Consultant that You wish for Us to prevent access to Your Member Data (such as Your contact details or resume) to any specific Employer or categories of Employers, You acknowledge that We will not be liable to You for any failure to comply with that request:

      1. for any reason beyond Our reasonable control, such as, where due to a technical malfunction of Our Website; and/or

      2. if for any reason We decide that it is in Our reasonable commercial interests to supply the Member Data to any such Employers,

      and You irrevocably waive any rights that You would otherwise have against Us, and hereby release Us, in respect of any such matters.

    1. You indemnify Us in respect of any loss and damage We or any of Our suppliers incur in respect of any claim that any of the Member Data is lost, unavailable or corrupted or the transmission, storage, disclosure, hacking or access of any Member Data infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, code or standard.

    2. We may retain and, all or part of the data for a reasonable period as necessary for the purposes mentioned in this agreement or as required by applicable laws and regulations.

  1. Availability of Member Services

    1. While You are a Member of the Website, We agree to use Our best endeavours to procure hosting of the Member Services and the Member Data and to ensure that the Website and Member Services are available at least 75% of the time (calculated monthly).

    2. You agree and acknowledge that the accessibility and use of the Website, Member Services and the Member Data hosted by the Member Services is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Website and/or Member Services and/or Member Data operate, interface with or connect to.

    3. Except in respect of any Non-Excludable Guarantee, We do not guarantee that the Website, Member Services or Member Data or access thereto will be uninterrupted or error-free and You release and indemnify Us in respect of any loss and damage we may incur and/or claims and/or complaints You or your customers may have against Us in respect of any interruption, error or unavailability of the Member Services or any Member Data.

  1. Licence Restrictions

    1. You may not make any use of the Website except as expressly permitted by the Licence and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Website. Without limiting the foregoing provisions of the Licence, You must not, under any circumstances, sell or resell access to the Website or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Website or any content You obtain via the Website. In addition, You must not, nor may You permit any person to:

      1. copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, license, create derivative works from or enhance the Website and/or any content in the Website (except as expressly permitted by the Copyright Act 1968 (Cth));

      2. do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;

      3. use the Website in any way that infringes Our rights or the rights of any third party; or

      4. take any steps to circumvent any technological protection measure or security measures in the Website.

    2. You must not use the Website or any part of the Website in any way which is in breach of any statute, regulation, law or legal right of any person.

    3. You must not use the Website or any part of the Website in breach of these Terms of Use.

  1. Acceptable Use Policy

    1. You agree that:

      1. using the Website to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited;

      2. using the Website in relation to crimes such as theft and fraud is strictly prohibited;

      3. using the Website in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of "pirated” software or otherwise, is strictly prohibited;

      4. introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited;

      5. revealing Your account password to others or allowing use of Your account on the Website by others is strictly prohibited;

      6. using another person’s name, username or password or otherwise attempting to gain access to the account of any other person is strictly prohibited;

      7. using the Website to make fraudulent offers of goods or services is strictly prohibited;

      8. using the Website to carry out security breaches or disruptions of network communication is strictly prohibited. Security breaches include, but are not limited to, accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, "security breaches" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;

      9. using the Website to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited;

      10. using the Website to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers is strictly prohibited;

      11. using the Website to interfere with or deny service to anyone is strictly prohibited;

      12. using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the Website is strictly prohibited;

      13. sending unsolicited email messages through or to users of the Website in breach of the Spam Act 2003 is strictly prohibited;

      14. using the Website to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited; and

      15. use of the Website in breach of any person’s privacy (such as by way of identity theft or "phishing") is strictly prohibited.

  1. Intellectual Property Rights

    1. You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.

    2. As between You and Us, except in respect of Your Member Data (if You are a Member of Our Website), We own all Intellectual Property Rights in the Website.

    3. You have no rights in the Website or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to the Licence.

    4. Other than in respect of Your Member Data, You agree that any Intellectual Property Rights in any content that You upload or post to the Website or otherwise provide to Us (such as feedback that You may provide to Us in connection with the Website or requests for new features (“Feedback”) becomes Our sole and exclusive property immediately upon You uploading or posting that Feedback to Our Website, and You hereby agree to assign all Intellectual Property Rights in all and any such Feedback to Us effective as soon as You provide the Feedback to Us or upload or post the Feedback to the Website, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You waive all Moral Rights that You may have to any Feedback and consent to Us and any third party We authorise to infringing all and any such Moral Rights in Our absolute discretion.

    5. You must not take any step to invalidate or prejudice Our (or Our licensors’) Intellectual Property Rights in the Website or otherwise take any action that Would prevent Us operating Our Website in the usual course. Without limiting the foregoing provisions, You must not register any security interest or purchase money security interest on the Personal Property Securities Register, or otherwise encumber or charge Your rights in respect of the Member Data or under the Licence.

  1. Responsibility for other users

    1. We do not accept responsibility for the conduct of any users of Our Website.

    2. If You believe that another user of Our Website has breached these Terms of Use please contact Us.

    3. Unless otherwise expressly stated in these Terms of Use, the Services Description or any Additional Terms, We are not a party to any transaction for the supply of goods or services advertised by any user of the Website. Before entering into any transaction with any other user of the Website, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.

    4. Any dispute You have with another user of Our Website is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Website and in respect of any content uploaded by or on behalf of any user to Our Website. Without limiting the foregoing provisions of this clause, We do not claim to have verified any resume or other details of any Consultant whose Member Data You may view, meet, be introduced to, employ, or who may work on Our behalf for You.

    5. We check content entered into or uploaded into the Website from time to time, but We do not review or moderate all content. If We become aware of content that breaches our Acceptable Use Policy (see clause 8) We may:

      1. remove the content and send an email to the person who uploaded or entered it explaining why it was removed;

      2. issue a notice to the user warning the user that repeat infringement may result in termination of the user’s account on Our Website and/or removal of the user’s Member Data from Our Website; and/or

      3. terminate the user’s account on Our Website,

        without limitation to any other rights that We may have.

    1. If You become aware of any content or conduct that You think breaches the Acceptable Use Policy set out in clause 8 above, these Terms of Use or any Additional Terms, please contact Us.

  1. Responsibility for third party claims

    1. You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any of person where the claim is caused directly or indirectly by:

      1. Your use of the Website;

      2. Your goods and/or services and/or your advertising and/or sales and/or marketing practices;

      3. matters relating to working conditions;

      4. matters relating to employment benefits;

      5. matters relating to occupational health and safety matters;

      6. matters relating to breach of any contract of employment,

      unless and to the extent directly caused by Us.

  1. Hyperlinks

    1. We do not represent, recommend or endorse any websites to which We have linked from the Website via hyperlink or otherwise.

  1. Liability

    1. Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Website is accurate, correct, up-to-date or error free.

    2. The information on this Website is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information that You view on this Website.

    3. Except in respect of any Non-Excludable Guarantees, neither party is liable to the other party for any indirect, special or consequential loss or damage incurred by the other party, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.

    4. Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), We will not have any liability to You for any loss or damage howsoever incurred in relation to Your use of or inability to use the Website, or with respect to any other circumstances under which these Terms of Use or any Additional Terms exclude Our liability.

    5. Our liability to You is limited to the maximum extent permissible by law.

    6. Any goods and services supplied by Us through the Website (which for the avoidance of doubt, includes the Member Services supplied by Us, but does not include goods or services supplied by any user or Member of the Website to any person) may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a ‘consumer’ of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended. Where You are a ‘consumer’ for the purposes of the Australian Consumer Law, We are required to provide the following mandatory statement to You: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

    7. If the goods or services supplied by Us to You are supplied to You in Your capacity as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of the goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee, implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, where it is fair and reasonable to do so, at Our option, to one or more of the following:

      1. if the breach relates to goods:

        1. the replacement of the goods or the supply of equivalent goods;

        2. the repair of such goods;

        3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

        4. the payment of the cost of having the goods repaired; and

      2. if the breach relates to services:

        1. the supplying of the services again; or

        2. the payment of the cost of having the services supplied again.

    1. In order for You to claim against Us under a non-excludable guarantee implied by the Australian Consumer Law, or under an express warranty given in respect of the goods or services provided by Us, You must provide written notice to Us with documentary evidence substantiating the claim, for Our review, and, in respect of the Website, must continue to use it only in accordance with the provisions of these Terms of Use.

    2. Upon receipt of a valid claim from You under any non-excludable guarantee implied by the Australian Consumer Law, We will contact You to arrange a suitable remedy. You may claim reasonable expenses incurred in making a valid claim under such a guarantee by providing documentary evidence of the expenses to Us. You will be responsible for any expenses incurred in relation to an invalid claim. Where We elect to repair goods the subject of a valid claim, You agree that the goods may be replaced by refurbished goods of the same type rather than being repaired and refurbished parts may be used to repair goods. You acknowledge that where the goods are repaired and are capable of retaining user-generated data, it is possible that the repair of the goods may result in loss of data.

    3. Any warranty against defects provided by Us to You in Your capacity as a ‘consumer’ under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods or services to which the warranty relates.

    4. Other than in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use and any Additional Terms are excluded, to the extent possible by law.

  1. Termination

    1. If you are not a Member, We may terminate these Terms of Use and Your access to the Website or any part of it at any time without notice.

    2. If You are a Member, We may terminate these Terms of Use and Your access to the Website by notice to You if:

      1. You breach any material term of these Terms of Use; or

      2. where reasonably necessary to protect Our legitimate interests.

    3. We may take down the Website or any part of it or take the Website or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate interests.

    4. If these Terms of Use or Your access to the Website is terminated, You must not access, browse or visit the Website.

    5. Termination of these Terms of Use and access to the Website does not affect any accrued rights of either party.

  1. Notices

    1. A notice under this Agreement shall be in writing sent by hand delivery, post or email, using Your details that You provided to Us during registration. You may send a notice to Us using Our contact details that are specified on the Website.

    2. Any notice issued by hand shall be deemed delivered upon delivery.

    3. Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.

    4. Any notice issued via email shall be deemed to be delivered upon the email being sent, provided that if an email is sent out of Business Hours, it shall be deemed to be delivered at 9am on the next Business Day.

  1. General

    1. Other rights: All rights not expressly granted to Us in these Terms of Use are expressly reserved by Us.

    2. Amendment: These Terms of Use may be amended by Us at any time, provided that if You are a Member, You shall have a right to cancel Your subscription to the Member Services if the amendment is detrimental to You.

    3. Assignment: You may not assign, transfer or license Your rights under these Terms of Use without Our prior written consent. We may assign, transfer or license Our rights under these Terms of Use at any time.

    4. Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.

    5. Relationship: You and Us are independent contractors and these Terms of Use do not create any relationship of partnership, joint venture, or employer and employee or otherwise.

    6. Australian Consumer Law: The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent permissible at law, but We do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, We do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.

    7. Entire Agreement: These Terms of Use and any Additional Terms constitute the entire agreement between You and Us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between You and Us regarding its subject matter.

    8. Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in Victoria. You and Us irrevocably submit to the exclusive jurisdiction of the courts of Victoria.

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