Terms & Conditions of Service

/Terms & Conditions of Service
Terms & Conditions of Service 2018-01-17T22:41:19+08:00
  1. ACCEPTANCE
    • These Terms and Conditions (Terms) are between Ausjeeva Pty Ltd ACN 617 044 630, its successors and assignees (referred to as “we”, “us” or “our”) and you, the person, organisation or entity described in the Terms (referred to as “you” or “your”), each a Party and collectively the Parties. These Terms apply to all sales made by us to you. These Terms are also available on our Website, ausjeeva.com (the Site).
    • You accept the Terms by either:
  • making part or full payment for the Services; or
  • instructing us to proceed with or by using the Services.
  1. SERVICES
    • We provide career advisory services for medical practitioners and other professionals through the Site. We do not at this stage offer placement services for candidates. Our service offering includes, but is not limited to:
  • basic career assessment and advisory services;
  • advanced career assessment and advisory services;
  • specialist career assessment and advisory services;
  • reports in respect of the aforesaid; and
  • such other products and services as listed on our Site from time to time (Services).
    • You agree that these Terms form the agreement under which we will supply Services to you. Please read these Terms carefully.  Please contact us if you have any questions using the contact details at the end of these Terms. Purchasing Services from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 18 years of age or older.  If you do not agree to these Terms, you must not use our Services.
    • You can request the Services set out in these Terms by making payment (as indicated on the Site) either on the Site or via another agreed payment method (Service Request).
    • The fee for the Services is the fee indicated on the Site or as advised by us (Service Fee).
    • We will not commence performing the Services until you have paid the Service Fee.
    • The Service Fee is payable by PayPal or credit card at the time of the Service Request or as advised by us.
    • To access and make use of some of our Services or to subscribe to our newsletter you may be required to create a user account (Account). Before your first use of the Account you will be required to create a username. You must not create and/or maintain more than one Account on the Site. Certain information is required when creating an Account. You agree to provide accurate, current and complete information during the registration process, to answer all registration questions and to update such information to keep it accurate, current and complete. Furthermore, it is your responsibility to keep your Account details confidential. You are liable for all activity on your Account. You acknowledge that you will not disclose your Account details to any third party, and that you will take sole responsibility for any activities or actions under your Account, whether or not those activities or actions have been authorised by you. You must immediately notify us of any unauthorised use of your Account.
    • We agree to perform the Services promptly and with due care and skill.
    • We reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal.
    • We will provide the Services within the period set out on the Site (Service Period).
    • We may provide the Services to you using our employees and contractors, and they are included in these Terms.
    • Once a Service Request has been submitted you cannot request variations and/or additions to the Services to be provided under the Service Request. Any variations and/or additions will constitute a new Service Request and will not waive liability under the original Service Request.
    • In circumstances where you have purchased a report from us, we will endeavour to deliver a PDF version of report the report to your nominated email address within 4 weeks of us receiving the Service Fee.
    • You may request expedited report delivery for an additional fee, as set out on the Site. We will endeavour to deliver expedited reports to your nominated email address within 2 weeks of us receiving the Service Fee.
  1. PRICE, INVOICING AND PAYMENT
    • You agree to pay us the Service Fee for the Services that you have requested, as set out on the Site or as advised by us. All amounts are stated in Australian dollars. All amounts exclude Australian GST (where applicable). GST, where applicable, will be shown separately at the time of checkout.
    • Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. We will notify you of all such changes and they will apply to all Services you acquire from us after the date of the notification.
  2. YOUR ACKNOWLEDGEMENTS AND WARRANTIES
    • You acknowledge that you are solely responsible for determining the suitability of any of the Services, and your reliance on any information, advice and reports that are provided to you through our Site and/or Services are at your own risk
    • You acknowledge that the Services provided do not guarantee a particular outcome or change to your career or career prospects. Our Services do not constitute professional advice and are of a general advisory nature only.
    • You acknowledge that we do not accept responsibility for any disruptions, disturbances, faults or malfunctions of the Site, including but not limited to errors in function, virus and other malicious software, video time delays or the stability of the Site, which may affect your access to and use of the Services, and you cannot make a claim in respect of any such disruptions, disturbances or malfunctions.
    • You warrant that throughout the term of these Terms that:
  • there are no legal restrictions preventing you from agreeing to these Terms;
  • you will cooperate with us and provide us with all information, documents and feedback that is reasonably necessary to enable us to perform the Services as requested by us from time to time, and comply with these requests in a timely manner;
  • the information you provide to us is true, correct and complete;
  • you will not infringe any third party rights in working with us and receiving the Services; and
  • you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns.
  1. OUR INTELLECTUAL PROPERTY
    • The work, reports and materials that we provide to you in carrying out the Services contains material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the Intellectual Property rights in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.
    • You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission.
    • Your use of our Materials does not grant you a licence, or act as a right to use any Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
    • You must not breach our Intellectual Property rights by, including but not limited to:
  • altering or modifying any of the Materials;
  • creating derivative works from the Materials; or
  • using our Materials for commercial purposes such as on-sale to third parties.

Our license to you:

  • We will license to you any reports that we generate for you (Licensed Material), upon full payment of the Service Fee.
  • We grant you a perpetual, non-exclusive, irrevocable, worldwide, royalty free and non-transferrable license to use the Licensed Material for your own personal and private use and not for business or commercial purposes.
  • The obligations under this clause will survive termination of these Terms.
  1. CONFIDENTIAL INFORMATION
    • We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than where necessary); to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality services to you, and not for any other purpose.
    • You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed to you, and not for any other purpose.
    • These obligations do not apply to Confidential Information that:
  • is authorised to be disclosed;
  • is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
  • is received from a third party, except where there has been a breach of confidence; or
  • must be disclosed by law or by a regulatory authority including under subpoena.
    • We use best practice in relation to payment security on our Site, for example dedicated IP address with Commodo SSL certificate capable of up to 256-bit encryption and other security features.
    • The obligations under this clause will survive termination of these Terms.
  1. FEEDBACK AND DISPUTE RESOLUTION
    • Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.
    • If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
  • The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
  • If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Western Australia to appoint a mediator.  The mediator will decide the time and place for mediation.  The Parties must attend the mediation in good faith, to seek to resolve the dispute.
    • Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, in law or in equity.
  1. TERM AND TERMINATION
    • These Terms terminate automatically at the end of the Service Period.
    • Either Party may terminate these Terms, if there has been a material breach of these Terms, subject to the following dispute resolution procedure.
    • We may terminate these Terms immediately, at our sole discretion, if:
  • we consider that a request for the Service is inappropriate, improper or unlawful;
  • you fail to provide us with clear or timely instructions to enable us to provide the Services;
  • we consider that our working relationship has broken down including a loss of confidence and trust;
  • you post inappropriate comments in the comments section on our Site;
  • you fail to pay the Service fee within seven (7) days of the fee becoming due and payable; or
  • for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe.
    • On termination of these Terms you agree that any Service Fee or payments made are not refundable to you, and you are to pay all outstanding Service Fees or other payments for the Services rendered to you.
    • If you terminate these Terms after submitting a Service Request you must pay for the Services which have been performed and have not yet been invoiced to you.
    • On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
    • On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property.
    • On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
    • The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
  1. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
    • ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms.
    • Services: If you are an Australian consumer as defined in the ACL, the following applies to you: 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 services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure. To the extent we are able to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
    • Refund: To the extent permitted by law, we do not offer refunds. We will only give you a refund if we are unable to provide the Services. In such circumstances you will be advised of this and any monies paid by you will be refunded into your nominated account.
    • Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services where it is affected by your delay in response, or supply of incomplete or incorrect information.
    • Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services.  We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
    • Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
    • Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services and these Terms, except those set out in these Terms, including but not limited to:
  • implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
  • the Services being unavailable; and
  • any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
    • Limitation: To the extent permitted by law our total liability arising out of or in connection with the Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($100) if no such payments have been made, as applicable.
    • This clause 9 will survive termination of these Terms.
  1. INDEMNITY
    • You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
  • any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
  • any breach of these Terms; and
  • any misuse of the Services from or by you, your employees, contractors or agents.
    • You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
    • The obligations under this clause will survive termination of these Terms.
  1. GENERAL
    • Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines. Our commitment to maintaining your privacy is set out in our Privacy Policy and is available on the Site.
    • Publicity: You consent to us using advertising or publically announcing that we have undertaken work for you.
    • Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
    • Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
    • Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
    • Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
    • Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 Business Days’ notice in writing.
    • Notices: Any notice required or permitted to be given by either Party to the other under these Terms will be in writing addressed to you at the email address you provide us. Our address is set out at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
    • Jurisdiction & Applicable LawThese terms are governed by the laws of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Australia.
    • Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
  2. DEFINITIONS
    • Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Western Australia, Australia.
    • Claim includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise.
    • Confidential Information includes confidential information about you, your credit card or payment details, and about our business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”.
    • GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
    • Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs (whether or not registered or registrable), any corresponding property rights under the laws of any jurisdiction, discovery, circuit layouts, trade names, trade secrets, secret process, know-how, concept, idea, information, process, data or formula, business names, company names or internet domain names.
    • Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).

 

Contact Details:

Ausjeeva Pty Ltd ACN 617 044 630

support@ausjeeva.com

Last update: 1 August 2017

 

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