Terms and Conditions

1. Definitions
   In these Website Terms and Conditions (Terms of Use) the following words have the meanings set out below:
   
   Content means any text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available on the Website.
   
   Organisation Profile means the profile created by organisations using the Website to advertise opportunities, products and services for graduates, whether through registration on the Website or through importation of profile information via a third party log-in provider such as (but not limited to) Google, Facebook, Yahoo or Hotmail.
   
   GradConnection Contact Details means the following:
   (a) Address: Level 14, 100 Pacific Highway, North Sydney, 2060
   (b) Telephone: 13 64 34
   (c) Email: [email protected]
   
   Graduates refers to graduate Users of the Website.
   
   Graduate Profile means the profile created by a Graduate in order to access the Services available through the Website, whether through completion of a registration form on the Website or through importation of profile information via a third party log-in provider such as (but not limited to) Google, Facebook, Yahoo or Hotmail.
   
   Group means Gradconnection Pty Ltd (ACN 131 597 932) and its related bodies corporate, as defined in the Corporations Act 2001 (Cth). Intellectual Property Rights means any trade marks, copyright and all other intellectual property rights vesting in the Content used, displayed, or available on the Website.
   
   Loss or Claim means any damage, loss (including consequential loss and loss of profit), cost, expense or liability incurred by a person, or a claim, action, proceeding or demand made against a person, however arising and whether present or future, fixed or unascertained, actual or contingent.
   
   Organisations means organisations that use the Website to advertise opportunities (such as employment or internship positions or courses) or other products or services for graduates.
   
   Privacy Policy means the GradConnection privacy policy contained on the Website.
   
   Registered User means any User that has completed the registration or log-in requirements to create a Graduate Profile or an Organisation Profile.
   
   Related Businesses means any 'subsidiary', 'holding company', 'related body corporate' or “related entity” (as defined in the Corporations Act 2001 (Cth)) of GradConnection Pty Ltd (ACN 131 597 932).
   
   Services means the services, information and resources provided by us to Users through the Website.
   
   Third Party Websites means websites which are not owned or controlled by us. User, or you means any user of the Website (and/or the entity on behalf of whom they are acting).
   
   We, or us, or our (and related terms) means the Group unless otherwise stated.
   
   Website means au.gradconnection.com and/or nz.gradconnection.com, as the context requires.
   
   
2. General
   
   
   1. Our Website is provided to you for your use subject to these Terms of Use. These Terms of Use form a binding agreement between you and Gradconnection Pty Ltd (ACN 131 597 932). By accessing, viewing, browsing, or using our Website in any manner, you confirm that you have read and understood our Terms of Use, you have the capacity to be bound by our Terms of Use, and you agree to be bound by them.
   2. If you have not read, or if you do not accept or understand the Terms of Use, you are not authorised to access this Website. You further agree that we will not be liable to you for any Loss or Claim arising out of, or in connection with, your unauthorised access of the Website.
   3. The Terms of Use may be amended from time to time. It is your responsibility to ensure that you are aware of the current Terms of Use.
   4. Your use of our products and/or services (including our Website) may be subject to another agreement/s with a Group entity. In the case of any conflict between these Terms of Use and any other such agreement/s, the other agreement/s will prevail.
   5. Any member of the Group may assist in providing the relevant products and services to you.
3. Use of the Website
   1. You agree that you will not use the Website in any manner that is unlawful, or in any manner contrary to, or prohibited by, these Terms of Use.
   2. Without limiting clause 3.1, you agree that you will:
      1. provide accurate information to us and update it as necessary;
      2. in the case of Graduates, use your real name when creating and using your Graduate Profile;
      3. comply with all applicable laws, regulations and notices sent to you by us; and
      4. be solely responsible for your interactions and connections with other Users of the Website.
   3. Without limiting clause 3.1, you agree that you will not, directly or indirectly:
      1. provide or upload false information, create a false identity or use or attempt to use another person’s Organisation Profile or Graduate Profile, as the case may be;
      2. defame, abuse, harass, stalk, threaten, breach the confidence of, or otherwise violate the legal rights (such as rights of privacy) of others;
      3. hack into any part of the Website through password mining, phishing, or any other means;
      4. knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material;
      5. circumvent the Website’s structure, presentation or navigational function so as to obtain information we have chosen not to make publically available through the Website;
      6. knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material;
      7. circumvent the Website’s structure, presentation or navigational function so as to obtain information we have chosen not to make publicly available through the Website;
      8. disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other Users, including through a denial-of- service attack or a distributed denial-of- service attack;
      9. transmit any unsolicited advertising or promotional materials, or any other forms of solicitation, unless expressly authorised by us;
      10. attempt to modify, reverse engineer, or reverse-assemble any part of the Website;
      11. breach any applicable laws or regulations;
      12. transmit, post, distribute, store or destroy material, including without limitation Content, in breach of our Privacy Policy; or
      13. engage in any other conduct that we consider, in our absolute discretion, breaches these Terms of Use.
   4. You acknowledge and agree that the information published by us, on our Website, does not, under any circumstances, constitute legal or professional advice.
   5. You further acknowledge that:
      1. the posting of graduate vacancies, opportunities or advertisements for goods and services, by us does not imply an endorsement or recommendation of the organisation, or the opportunity advertised, by us;
      2. the making available of student data by us does not imply an endorsement or recommendation of the student for any graduate vacancy advertised by us;
      3. whilst we use reasonable measures to ensure the accuracy and currency of data or information made available on the Website, we are not responsible for the accuracy or currency of such data or information supplied to us by third parties or Users and we make no guarantee in relation to the accuracy or currency of data or information made available on the Website.
4. Registration
   1. To become a Registered User you must:
      1. be capable of forming a legally binding contract;
      2. agree to be bound by the Terms of Use;
      3. agree to be bound by the Privacy Policy; and
      4. create an Organisation Profile, or Graduate Profile, as the case may be, including providing the information requested.
5. Intellectual Property
   1. You acknowledge that we are the proprietor, or an authorised licensee, of all Intellectual Property Rights in relation to the Content. You may not reproduce or replicate any part of the Content or of the layout or design of the Website.
   2. Your use of the Website does not provide you with any Intellectual Property Rights in the Website or the Content. However, subject to your rights under our Privacy Policy, you agree to provide us with a non-exclusive, perpetual, royalty free licence to use any intellectual property that you create in the course of using the Website, or upload to our Website, for any purpose whatsoever.
   3. This Website is provided for personal use only. You agree not to make any use of this Website for commercial gain.
   4. You may download and view content, or print a copy of the material on the Website for personal, non-commercial use, provided you do not modify the content in any way, including by removing any copyright or trade mark notice.
   5. All trade marks and logos displayed on the Website are the property of their respective owners and are protected by applicable trade mark and copyright law.
6. Information for personal, non-commercial use only
   1. You agree that information contained on this Website is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence and the insights, guides, resources, career/hiring advice and other information available via the Website and any of our other websites and apps). You may download material from this Website for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
   2. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Website including code and software. You must not use this Website for any purpose that is unlawful or prohibited by these terms of use.
   3. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Website on your own website or in any other publication), except with our prior written consent.
7. Links
   1. The Website may include links to Third Party Websites. We make no guarantee as to the content, functionality, or accuracy of any Third Party Websites.
   2. Third Party Websites are subject to the terms and conditions outlined by that third party.
   3. Any links to Third Party Websites do not:
      1. indicate a relationship between us and the third party; or
      2. indicate any endorsement or sponsorship by us of the Third Party Website, or the goods or services it provides,
   4. The Website is linked to various social networking sites, including Facebook and X (formerly Twitter). You acknowledge and agree that:
      1. any comments or content that you post on such social networking sites through a link provided on the Website, are subject to the terms and conditions of that particular social networking site;
      2. you will not post any comments that are false, misleading, deceptive or defamatory to us or our employees, agents, directors or officers, or which may damage our reputation; and
      3. we are not responsible or liable for any comments or content that you or other Users post on social networking sites.
   5. If you create a link to the Website, the website from which you create the link must not contain any illegal, offensive or distasteful material, including (but not limited to) material that promotes harassment or discrimination.
8. No Liability
   1. We use our best endeavours to ensure the accuracy of the information on the Website, however, we assume no responsibility for any errors or omissions in the information available on the Website.
   2. We do not warrant or guarantee:
      1. the accuracy of the Content;
      2. that the Content will be free from viruses (including malware or spyware) or other destructive properties;
      3. that the operation of the Website will be uninterrupted or error free;
      4. your use of the Website will result in a graduate employment match;
      5. that an advertised position will be available to you, as (among other things) a potential employer may have filled the vacancy prior to the advertisement of the position being removed from the Website; or
      6. that advertised graduate opportunities represent actual, current job vacancies.
   3. To the maximum extent permitted by law, we are not liable to you or any third party for any Loss or Claim in connection with your use of the Website.
9. Indemnity
   1. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Group and its affiliates, and their respective employees, contractors, agents, directors and officers, from and against any Losses or Claims arising out of or in connection with your breach of the Terms of Use, the violation or breach of any laws, any material you provide to our Website, your use of any Content or the infringement of the rights of any third party.
10. Mobile Applications
    1. If you are accessing our Services using a mobile device or phone (device), some of the Content may be limited or restricted.
    2. You acknowledge and agree that your use of the Website on your device may be subject to separate charges imposed by your mobile phone service provider (carrier), such as data usage charges, and phone charges, for which you will be solely responsible.
11. Assignment
    1. We may at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under these Terms of Use to any person.
    2. You may not assign or transfer any of your rights or obligations under these Terms of Use without obtaining our prior written consent.
12. Content Amendments
    1. We may amend, remove, alter or vary any of the Content at any time, without prior notice to you.
13. Severability
    1. If any invalid, unenforceable, or illegal provision of these Terms of Use would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.
14. Termination
    We reserve the right to terminate your access to this Website, or any of its features or any of the Services:
    
    1. at any time and without any prior notice, if you have breached these Terms of Use; or
    2. at our discretion, giving 24 hours written notice (including as an announcement on the Website).
15. Amendments
1. We may amend these Terms of Use from time to time. If we do, the amended Terms of Use will be published on the Website. You agree that it is your responsibility to check for updates to our Terms of Use. You further agree that your continued use of the Website is acceptance of our amendments to the Terms of Use.