Terms & Conditions
In these terms and conditions:
“Customer” means an individual who purchases or receives any Services from the Supplier or who obtains access to or uses any Services including access to or using the Website or parts thereof, whether on a fee for Service basis (including on a subscription basis), on a free or uncharged access basis, or on a limited period free trial basis.
“Contract” means these Conditions of Supply together with any written pricing or subscription terms relating to the provision of Services by the Supplier to the Customer, which terms the Customer has accepted, including by:
- selecting an acceptance option on or via the Website or by email;
- registering his/her details with the Supplier via the Website;
- viewing, using or downloading content from the Website; or
- in any way procuring Services from the Seller;
(a) news, information, views, opinions, insights, knowledge, guides, webcasts and podcasts on a range of employment, vocational and workplace related topics, subjects and trends, including but not limited to the topics of employment positions, career selection, career and job change, job application, interview techniques, recruiting and candidate selection, work place culture, employee health, staff retention and change management, whether provided on the Website, by email or social media page specific to the Company; and
(b) personal and group coaching services;
(c) access to the Website or parts thereof.
“Supplier” means CompleteCareers Pty Ltd (ACN 619 079 720);
(a) the website located at www.thecareerconversation.com; and
Provision and use of the Services
(a) The Supplier will provide the Services in an online format via the Website, email or other platform(s) used or made available by it. In the case of coaching services the Supplier will provide those Services on a face to face or web conversation basis as set out in the Contract.
(b) The Customer is permitted to access free content on the Website subject to and in accordance with these Conditions of Supply.
(c) The Customer is permitted to access private or paid content on the Website in accordance with the pricing or free trial terms, for the time period and in the quantity (if applicable) set out in the Contract. Private or paid content will only be available to the Customer once the Customer has accepted the Contract terms and paid any applicable fee.
(d) The Customer is permitted to access the Services for personal use and application only. The Customer is not permitted to reproduce, publish, circulate or disseminate any of the Website’s contents in any form.
(e) By procuring the Services the Customer agrees and acknowledges that:
(i) the Services are of a general nature only;
(ii) nothing on the Website or in the coaching services constitutes advice;
(iii) the Services are not tailored to and may not be suitable for the Customer’s particular needs, requirements, objectives or circumstances unless specified otherwise in the Contract;
(iv) the Supplier may not vet or conduct background checks on any third party used to provide Services including coaching services;
(v) the Customer procures and uses the Services entirely at his/her own risk and should not place any reliance on the Services; and
(vi) neither the Supplier not its directors, officers or staff make or provide any warranty or guarantee in connection with the Services or the accuracy, appropriateness, suitability, quality or completeness of the Services, except to the extent of non-excludable statutory warranties, conditions or guarantees.
(f) The Customer acknowledges that he/she is solely responsible for:
(i) considering whether the Services are suitable for his/her requirements;
(ii) determining the manner in which he/she will or may apply or use the Services, or knowledge or learnings arising from the Services, including in connection with his/her career, vocation, role or employment;
(iii) all of his/her communications and interactions with other users of the Services and with coaches who provide any coaching services to the Customer and to the extent legally permissible the Customer releases the Supplier from all claims in respect of such communications and interactions.
(g) The Supplier will use reasonable endeavours to ensure its Website and the content to which the Customer is permitted access, is available on an uninterrupted basis other than when the Website is undergoing maintenance or upgrades.
(h) To the extent legally permissible the Supplier is not liable to the Customer in connection with any interruption in the availability of the Website, any Service or any server or cloud based application used to host the Service or Website or any bugs, viruses or similar items transmitted through the Supplier’s Services to the Customer or any third party or their software or devices.
(i) The Customer will not, and will not attempt or assist any other party, to hack, phish, disrupt, interfere with, damage or destroy the Website or any part thereof, the contents or integrity of the Website, or the underlying software or system used in connection with the Website.
(j) The Supplier may temporarily or permanently change, alter, update or remove the content on the Website at any time, without prior notice. In such circumstances the Customer is not entitled to any reimbursement of any fee paid to the Supplier prior to such change, alteration, update or removal.
(a) The Customer acknowledges that the Supplier owns, or is licensed by a third party to use:
(i) all copyright, moral rights and other intellectual property rights subsisting in the content and material available on the Website; and
(ii) all intellectual property rights in all trade marks, logos, trade names, designations, insignia and brands shown on the Website.
(b) The Customer is only permitted to use the intellectual property rights referred to in clause 3(a) of these Conditions of Supply strictly in accordance with clause 2 of these Conditions of Supply. The Supplier may revoke such right at any time by written notice to the Customer, including written notice sent by email to the Customer’s last known email address or by text to the Customer’s last known mobile phone number.
(c) The Customer is not permitted to undertake any act to register, licence or sub-licence any of the intellectual property rights referred to in clause 3(a) of these Conditions of Supply.
(d) Nothing in the Contract constitutes a transfer or assignment of the ownership or rights in any intellectual property rights referred to in clause 3(a) of these Conditions of Supply or goodwill arising therefrom.
(a) To the extent legally permissible, the Supplier’s liability to the Customer for and in connection with the provision of the Services, including in connection with any breach of the Contract or any contravention of the Competition and Consumer Act (Cth) 2010 or any fair trading, consumer protection, privacy or similar legislation, is limited to, at the Supplier’s option:
(i) the refund of the amount paid by the Customer to the Supplier for the Services that are the subject of a valid claim by the Customer against the Supplier; or
(ii) the provision of replacement Services of an equivalent value or quantity (as applicable) by the Supplier to the Customer.
(b) To the extent legally permissible the Supplier excludes all liability to the Customer for loss of income or salary, loss of revenue or profit, claims for liability by a third party against the Customer, failure to realise any expected income, salary or profit, loss of reputation, loss of opportunity, overhead costs, indirect and consequential losses and loss that does not arise as a natural consequence of the Supplier’s wrongdoing, whether a claim for such liability arises from breach of statute, breach of contract or equity, or commission of negligence or other tort.
(c) The Supplier hereby excludes from this Contract or in connection with the Services, the application of all statutory warranties, conditions and guarantees that the Supplier is permitted by law to exclude in respect of the Customer.
(d) Subject to clause 4(a) of these Conditions of Supply, to the extent legally permissible the Supplier hereby disclaims all liability to the Customer in connection with the Contract and the Services.
Payment of Fees
The Customer acknowledges that where it agrees to pay a fee in accordance with the Contract:
- it will not be permitted to receive the Services to which the fee relates until the Supplier has received payment of that fee unless otherwise agreed in the Contract;
- it will only be permitted to receive the Services to which the fee relates, for the relevant period of time or range of dates as set out in the Contract; and
- it will not be permitted to a refund of the fee or any part thereof except in accordance with clauses 4 or 7 of these Conditions of Supply.
(a) The Supplier may at any time, with or without cause, and with or without prior notice, terminate the Contract, terminate or deactivate the Customer’s access to any or all of the Services and/or the Website, and deactivate any account the Customer has registered in relation to the Website.
(b) Where the Supplier exercises any right in clause 7(a) without cause permanently or for a period that is more than a transitory period, the Supplier will refund on a pro-rata basis any fees prepaid by the Customer in respect of the period that the termination or deactivation applies to. However nothing in this clause will entitle the Customer to a refund of fees paid for coaching services that have already been provided to the Customer.
Third Party Sites
The Customer acknowledges that:
- the Website may incorporate links to the websites or digital platforms of third parties;
- the Supplier has no control over the content contained on or posted on those third party websites or digital platforms or the use, storage or handling of personal information provided to the owners or operators of those websites or platforms;
- the Supplier in no way warrants or endorses the accuracy, appropriateness, suitability, quality or completeness of the content contained on those third party websites or digital platforms or the services offered through those websites or platforms; and
- where the Customer uses those links to visit the websites or digital platforms of third parties, it does so at its own risk and the Supplier will be in no way liable for any loss or damage suffered by the Customer in doing so.
The Contract will be governed in accordance with the laws of Victoria. The parties to the Contract agree to submit all disputes arising from or in connection with this Contract, the Website or the Services to the non-exclusive jurisdiction of the Courts of Victoria. The parties further agree that neither rules nor laws on forum non-conveniens will apply to the Contract.
Subject to any non-excludable statutory warranties and conditions, the parties agree that the Contract contains the only terms and conditions of supply to which the Supplier will be bound in connection with the provision of the Services to the Customer. These Conditions of Supply supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the provision of the Services. Without limiting any other mode of acceptance of this Contract exercised by the Customer, the Customer acknowledges that by accepting provision of the Services or by using the Website including by browsing any of the Website’s contents, or by paying a fee to the Supplier for the provision of any of the Services, the Customer by such conduct agrees to be bound by the terms of the Contract including these Conditions of Supply. No failure to exercise nor any delay or omission in exercising any right, power or remedy by the Supplier operates as or constitutes a waiver or election not to exercise such right, power or remedy. A single or partial exercise by the Supplier of any right, power or remedy does not preclude any other or further exercise by it of that or any other right, power or remedy. A waiver or election is not valid or binding on the Supplier unless made in writing. No failure by the Supplier to exercise, nor any delay or omission by the Supplier in exercising, any right, power or remedy, nor any representation made or conduct carried out by the Supplier under the Contract or in connection with the provision of the Services shall constitute or provide grounds for claiming or the operation of a common law or equitable estoppel.
Australia’s Privacy Act applies to organisations’ collection and handling of personal information in Australia. In some cases, exemptions under these laws may apply, in which case we may rely on those exemptions in our discretion. We rely on the small business exemption in Australia’s Privacy Act where that exemption is applicable to The Career Conversation.
By visiting our website or platform, using our services, engaging with us, applying for a role with us or providing us with any of your personal information, you agree to the terms of this Policy and you acknowledge that in doing so you we may collect personal information from you including as outlined in this Policy, and share and trade that information on an anonymous or aggregated basis.
If you do not want to provide personal information to us you are not required to do so, however this may limit your use of our website and platform and the services you are able to access or use from our website, platform or company.
Collection of personal information
Where you log on to our website or platform via a third-party social media service, such as Facebook or LinkedIn, we may collect personal information from the social media provider, including, your username, email address, and available profile information, such as your public profile URL, profile photo, job title, connections to other persons, current and past industries you have been associated with, and location, as well as other information associated with your social media account. We will ask for your consent prior to your logging in to the platform using your social media account or connecting your social media account to the Platform. By providing such consent, you represent and warrant that you have the authority to provide us with information about your social media connections.
Why we collect personal information
We collect, hold, use and disclose personal information as part of the operation of our business. This includes:
- providing our products and services;
- responding to your requests and performing any transaction you initiate with us;
- maintaining and updating our records;
- verifying information;
- collaborating with service providers who offer products and services complimentary to our products and services;
- communicating information about and promoting and marketing our business, products and services (including to existing, past and prospective users, and for direct marketing in accordance with legal requirements);
- customising and tailoring our products and services to users’ specific interests and preferences;
- managing our relationships with stakeholders including our staff and business contacts representing clients, suppliers and others;
- recruiting, vetting, reference checking, training and managing staff, job applicants and coaches should we wish to do so;
- performing and complying with our legal obligations (e.g. under contracts or in relation to statutory reporting);
- protecting our lawful interests; and
- facilitating acquisitions or divestments of businesses.
We may not be able to do these things without your personal information. For example, we may not be able to communicate with you, provide services to you, customise your experience of using our website or platform, or consider your application for employment, without receiving and using your personal information in the ways described.
How we disclose personal information
We may exchange your personal information with:
- our business partners and affiliates (for example our services may give you the opportunity to trial the services of our business partners, at your option);
- our service providers, including service providers that assist us with archival, data storage, data processing, auditing, accounting, contact centre, legal, business consulting, banking, payment transactions, debt collection, delivery, data processing, data analysis, document management, information broking, research, investigation, insurance, website, technology, recruitment, vetting, payroll, superannuation, staff benefits, surveillance and training services;
- your current and previous employers; and
- a law enforcement body to the extent that information is requested from us by that body.
Where you follow a link from our website, social media page or platform to the website, social media page or platform of one of our business partners or affiliates and provide personal information to that third party, we will not be responsible for or in connection with that third party’s storage, handling or use of your personal information.
For job applicants including applicants who commence an employment relationship with us, and coaches, we may also exchange your personal information with academic institutions, health service providers, professional and trade associations, referees and previous employers or clients.
For coaches, we will also share your personal information where relevant to clients or prospective clients of coaching services.
We also may compile, share or trade information about or relating to users of our products or services, or visitors to our website or platform, on an anonymous or aggregated basis, for example by communicating historic or current trends or preferences of users of our products, services or visitors to our website or platform.
Security and storage of personal information
We may retain your personal information for such period as is reasonably necessary having regard to the purposes for which we are permitted to handle that personal information. We may retain de-personalised statistical information for longer periods where no individuals are reasonably identifiable from that data.
We implement a range of measures to protect the security of personal information. Depending on the circumstances, these may include firewalls, encryption, passwords or locked areas. As no security software is completely secure we can not guarantee the absolute security of your personal information.
We hold personal information electronically and in hard copy form, both at our own premises and with the assistance of our service providers.
Like many other websites, our websites may use ‘cookies’ from time to time. A cookie is a piece of information that allows our system to identify and interact more effectively with your browser. The cookie helps us to maintain the continuity of your browsing session and remember your details and preferences when you return. You can configure your web browser software to reject cookies however some parts of our Websites may not have full functionality in that case.
In Australia, subject to certain exceptions in Australia’s Privacy Act, you have the rights to seek access to the personal information we hold about you and correct any mistakes in personal information we hold about you. In certain circumstances provided in Australia’s Privacy Act, we may have the right to refuse your request for access to your personal information that we hold.
You can exercise these rights where applicable by contacting us via the methods detailed below. We may need to verify your identity. We will provide our reasons if we deny your request.
If you no longer wish to receive alerts or emails from us then you may unsubscribe from our service by selecting the ‘unsubscribe’ option at the bottom of our messages.
Complaints or contacting us
You can contact us if you wish to make a complaint about how we have handled your personal information. Please provide as many details as you can. We may need to engage or consult with other parties in order to investigate and deal with your complaint. We will keep records of your complaint and any resolution.
You can contact us via one of the means below:
Post [ 17/31 Queen Street, Melbourne VIC 3000 ]
Email [ email@example.com ]
Web form [ www.thecareerconversation.com.au/contact-us ]