Terms & Conditions

WEBSITE TERMS OF USE


Last updated August 2018


These terms of use (Terms) govern your use of Graduate Projects, a website at www.graduateprojects.com, community, marketplace and related systems and processes (together, the 'Website') and any other services made available through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website (‘you’ or the ‘User’) and us, GRADUATE PROJECTS (201431484M) (‘Graduate Projects’, ‘we’ or ‘us’).


We may change these Terms at any time by updating this webpage, and your continued use of the Website following such update will represent an agreement by you to be bound by the Terms as amended.


The Website is a passive medium that facilitates the introduction of:
• Users who are seeking professional development opportunities, including, but not limited to, projects, work placements, employment internships, conferences and workshops (‘Members’); and
• Users who are, or represent, providers of professional development opportunities and who post opportunities on the Website (‘Providers’).


The remainder of these Terms are divided into three parts:
• Part 1 (General), which sets out terms that apply to Users, both Members and Providers;
• Part 2 (Members), which sets out further terms that apply to Members; and
• Part 3 (Providers), which sets out further terms that apply to Providers.


1. GENERAL
1.1 ELIGIBILITY
This Website is not intended for use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Website. By using the Website, you represent that you are over the age of 18 years and have not been suspended or prohibited from using the Website. If you are under the age of 18 years, please do not access or use the Website.
1.2 ACCESS AND USE
You must only use the Website in accordance with these Terms and any applicable laws, regulations, codes of conduct or generally accepted practices or guidelines in the relevant jurisdictions, and you must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
1.3 ACCOUNTS
(a) In order to actively use the Website, all Users, both Providers and Members, are required to sign up, register and receive an account through the Website (an 'Account').
(b) As part of the Account registration process and as part of your continued use of the Website, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, qualifications, work experience history, employment history, research history, education history, photos and video, audio files, profile information, emergency contacts, payment details, ratings and reviews, verified identifications, verified certifications and authentications, and other information as determined by Graduate Projects from time to time.
(c) You warrant that any information you give to Graduate Projects in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) Graduate Projects may advise, or require, Providers to register and receive more than one Account (for example, in respect of each department within the Provider’s organisation).
(e) Once you complete the Account registration process, Graduate Projects may, in its sole discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(f) Graduate Projects reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(g) Graduate Projects may suspend or cancel your Account for any reason, including for any failure to comply with the Terms.


1.4 USER OBLIGATIONS
As a User, you agree:
(a) to comply with the Terms;
(b) to not copy, reproduce, translate, adapt, vary or modify the Website without the express consent of Graduate Projects;
(c) to not share your Account with any other person;
(d) you will be solely responsible for any activities that occur under your Account;
(e) that any use of your Account registration information by any other person is strictly prohibited;
(f) and warrant that, if you use the Website on behalf of an organisation, that you have the relevant authority from that organisation to do so;
(g) to immediately notify Graduate Projects of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Website’s security;
(h) you must not expressly or impliedly impersonate any other User of the Website or use the profile or password or account of another User at any time;
(i) that you are solely responsible for your mobile phone, access to and connectivity to the internet and all costs, including mobile data, required to use the Website;
(j) to receive marketing materials and other communications from Graduate Projects, that you may unsubscribe from, though you cannot unsubscribe from messages on the Website to your Account or from critical emails that relate to your Account;
(k) not to use the Website for any purpose other than for the purpose of making arrangements to provide or receive professional development opportunities;
(l) not to harass, impersonate, stalk, threaten, bully or endanger any other User;
(m) not to use the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including making, requesting or accepting an opportunity which includes illegal activities or purposes);
(n) you will not use the Website in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Graduate Projects;
(o) to not to use the contact details of other Users for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
(p) to immediately delete any communications you receive from Graduate Projects, either via the Website or email, that is not intended for you;
(q) you must not make any automated use of the Website;
(r) you will not use the Website for any illegal or unauthorised purpose, which includes collecting email addresses of Users for any purpose such as sending unsolicited email, or unauthorised framing of or linking to the Website;
(s) that any commercial advertisements, affiliate links and other forms of solicitation may be removed from your Account, profile or communications without notice and may result in termination of your Account. Appropriate legal action will be taken by Graduate Projects for any and all illegal or unauthorised use of the Website;
(t) not to act in any way that may harm the reputation of Graduate Projects or associated or interested parties or do anything at all contrary to the interests of Graduate Projects or the Website; and
(u) you are solely responsible for your use the Website, including for:
(i) any messages sent from your Account using the Website’s functionality;
(ii) if you are a Member, applying for, confirming, using and participating in any professional development opportunities offered by a Provider, and ceasing to do so; and
(iii) if you are a Provider, making and accepting offers to provide, and providing, professional development opportunities.


1.5 POSTED MATERIALS - WARRANTIES
By providing or posting any information, materials or other content on the Website, including directly to another User using the Website’s functionality (‘Posted Material’), you represent and warrant that:


(a) you are authorised to provide the Posted Material (including providing any services that you represent you provide);
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material are free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
(f) the Posted Material does not infringe any intellectual property rights, including copyright, trade marks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (‘IPR’);
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
(h) the Posted Material does not breach or infringe any applicable laws.


1.6 POSTED MATERIALS - LICENCE
(a) You grant to Graduate Projects a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any IPR in any Posted Material in order for Graduate Projects to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Graduate Projects from any and all claims that you could assert against Graduate Projects by virtue of any such moral rights.
(c) You indemnify Graduate Projects against all damages, losses, costs and expenses incurred by Graduate Projects arising out of any third party claim that your Posted Material infringes any third party’s IPR.


1.7 POSTED MATERIALS – PUBLISHING, EDITS AND REMOVAL
(a) Graduate Projects acts as a passive conduit for the online distribution of Posted Materials and has no obligation to screen Posted Materials in advance of it being posted. However, Graduate Projects may, in its absolute discretion, review, edit and remove any Posted Materials (including links to you, your profile or opportunities you have posted on the Website) at any time without giving any explanation or justification for removing the material and/or information.
(b) You agree that you are responsible for keeping and maintaining records of Posted Material.
(c) Graduate Projects will make reasonable efforts to publish approved Posted Materials on the Website within a reasonable time. Graduate Projects usually takes around 3 business days to publish approved Posted Materials on the Website. Please get in touch with us at contact@graduateprojects.com if you would like to request that Graduate Projects publish Posted Materials expeditiously.


1.8 SERVICE LIMITATIONS
The Website is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge that Graduate Projects cannot guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website will be secure or confidential; or
(e) any information provided through the Website is accurate or true.


1.9 INTELLECTUAL PROPERTY
Graduate Projects retains ownership of the Website and reserves all rights in any IPR owned or licensed by it not expressly granted to you.

1.10 THIRD PARTY CONTENT

The Website may contain text, images, data and other content provided by a third party and displayed on the Website (‘Third Party Content’). Graduate Projects takes no responsibility for Third Party Content and makes no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

1.11 DISPUTES BETWEEN USERS OR WITH GRADUATE PROJECTS
(a) You should direct any notice of a dispute with another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
(b) If any issue or problem relating to the Website remains unresolved after directing a complaint to a relevant User, or if the complaint in respect of another User is of a general nature and does not relate to you directly, you must report it to Graduate Projects via contact@graduateprojects.com. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(d) If you have a dispute with Graduate Projects, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120 day period before pursuing any other proceedings.
(e) Notwithstanding any other provision of this clause 1.11, you or Graduate Projects may at any time cancel your Account or discontinue your use of the Website.


1.12 SECURITY
Graduate Projects does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process you employ to access the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference.


1.13 DISLAIMER
Graduate Projects is a medium that facilitates the introduction of Members and Providers for the purposes of making arrangements to provide and receive professional opportunities. Graduate Projects does not have any obligations or liabilities to, and is not a party to any contract between, Members and Providers in relation to such arrangements or otherwise resulting from the introduction.
To the maximum extent permitted by applicable law, Graduate Projects excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Website or its use. This includes the transmission of any computer virus.
You agree to indemnify Graduate Projects and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’ use of the Website.
All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Graduate Projects’ liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
(a) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(b) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
Under no circumstances will Graduate Projects be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Website, these Terms or their subject matter, including, but not limited to, any loss or damage arising out of your failure to receive any opportunity on the Website.


1.14 CONFIDENTIALITY
You agree that:
(a) you must not, and you must not permit any of your officers, employees, agents, contractors or related companies to, use or disclose to any person any confidential information disclosed to you by Graduate Projects or any other User, without that party’s prior written consent;
(b) you must not disclose or make available to any third party, any information owned by Graduate Projects, including system operations, documents, marketing strategies, staff information or client information; and
(c) all communications involving the details of other Users on the Website are confidential, will be kept as such by you and must not be distributed, disclosed or made available to any third party.


1.15 PRIVACY
You agree to be bound by the clauses outlined in Graduate Projects’ Privacy Policy, which can be found here: https://graduateprojects.com/privacy


1.16 TERMINATION
Graduate Projects reserves the right to terminate a User’s access to any or all of the Website (including any listings and memberships) at any time without notice, for any reason.
In the event that a User’s Account is terminated:
(a) the User’s access to all posting tools on the Website will be revoked;
(b) the User will be unable to view the details of all other Users (including contact details, geographic details, professional development opportunity postings, and any other personal details); and
(c) all posts previously made by the respective User will also be removed from the Website.
Users may terminate their Account at any time by using the Website’s functionality where such functionality is available. Where such functionality is not available, Graduate Projects will effect such termination within a reasonable time after written notice by the User to Graduate Projects at contact@graduateprojects.com.
Notwithstanding termination or expiry of your membership or these Terms, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination, will continue to apply.


1.17 TAX
You are responsible for the collection and remission of all taxes associated with any transactions that arise out of your use of the Website and Graduate Projects will not be held accountable in relation to any transactions held between Members and Providers whereby tax related misconduct has occurred.


1.18 RECORD/AUDIT
To the extent permitted by law, Graduate Projects reserves the right to keep records of any and all transactions and communications made through this Website between you and other Users (including conversations, messages, User posts, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Graduate Projects.


1.19 GOVERNING LAW
This agreement is governed by the law applying in South Australia, Australia.


1.20 JURISDICTION
Each party irrevocably submits to the exclusive jurisdiction of the courts of South Australia, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.


2. MEMBERS – FURTHER TERMS


2.1 PROFESSIONAL OPPORTUNITY POSTINGS
You agree:
(a) to use your best endeavours to provide as much information as possible in any response to a professional opportunity posting;
(b) you must deal with any dispute with a Provider in accordance with clause 1.11;
(c) that any information you provide in response to a professional opportunity posting must be accurate, verifiable, honest, correct and up to date, including in relation to your certifications, work experience and employment history, qualifications, research history, licensing and competence; and
(d) and warrant that for any response you submit to a professional opportunity posting, you are able to, and genuinely intend to, fulfil that opportunity.


2.2 LINKED BUSINESSES
You acknowledge that:
(a) the Website provides links and introductions to Providers owned and operated by third parties that are not under the control of Graduate Projects;
(b) the provision by Graduate Projects of introductions to Providers does not imply any endorsement or recommendation by Graduate Projects of that Provider;
(c) Graduate Projects does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Provider that uses or is listed on the Website; and
(d) any terms and conditions relating to a professional opportunity provided via the Website constitute a contract between you and the Provider and do not involve Graduate Projects in any way.


3. PROVIDERS – FURTHER TERMS


3.1 SUPERVISORS
You agree and acknowledge that:
(a) Graduate Projects may grant you the ability using the Website’s functionality to appoint certain Accounts as supervisors (‘Supervisors’);
(b) Supervisors will have the ability to act on your behalf using the Website’s functionality;
(c) you will ensure that each Supervisor is authorised to act on your behalf before you appoint them as a Supervisor;
(d) you are responsible for the acts and omissions of your Supervisors;
(e) Graduate Projects may reassign any post or other material on the Website to any other of your Supervisors at any time;
(f) you are responsible for allocating any Credits (as defined in clause 3.3) to your Supervisors; and
(g) you must ensure that each Supervisor complies with these Terms.


3.2 PROFESSIONAL OPPORTUNITY POSTINGS
You agree and acknowledge that:
(a) you must use your best endeavours to provide as much information as possible in each professional opportunity posting;
(b) the provision by Graduate Projects of introductions to Members does not imply any endorsement or recommendation by Graduate Projects of that Member;
(c) Graduate Projects does not examine, determine or warrant the certifications, work experience and employment history, qualifications, research history, licensing, competence or information of any Member who uses or is listed on the Website;
(d) Graduate Projects may choose not to accept any professional opportunity posting that you submit to the Website, and Graduate Projects may limit the number of professional opportunity postings you can submit on the Website;
(e) you must deal with any dispute with a Member in accordance with clause 1.11;
(f) any additional terms and conditions relating to an opportunity offered on the Website are solely between you and the Member and do not involve Graduate Projects in any way, except that they must not be inconsistent with your obligations under these Terms; and
(g) Graduate Projects will have no responsibility for the accuracy, reliability or timeliness of the content provided to you by a Member.


3.3 CREDITS
(a) We may:
(i) grant you with credits on the Website (‘Credits’); and
(ii) provide you with additional services or functionality on the Website in exchange for you returning any number of Credits to us.
(b) Graduate Projects makes no representation or warranty about the value of Credits, and you acknowledge and agree that:
(i) we may not grant you Credits;
(ii) a Credit may not entitle you to any additional services or Website functionality;
(iii) we may change the value of any Credit at any time in our absolute discretion;
(iv) other Users may or may not be granted with Credits;
(v) the number of Credits granted to other Users may be different to the number of Credits granted to you; and
(vi) the value of Credits granted to other Users may be different to the value of your Credits, and their Credits may entitle them to different additional services or Website functionality.


3.4 WARRANTIES
By listing yourself as a Provider on the Website and making professional opportunity postings, you represent and warrant that:
(a) you are able to, and genuinely intend to, provide the professional opportunity described in any professional opportunity posting;
(b) you will provide the relevant opportunities and services to Members:
(i) using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
(ii) in compliance with all applicable laws;
(c) you understand that Graduate Projects does not hold insurance in respect of any services you may provide to a Member, including any public liability insurance, and that it is your responsibility to obtain and hold any such insurances; and
(d) any individuals or companies involved in performing the relevant services have not been previously convicted of a felony, and there are no current legal, criminal, civil or administrative proceedings against such individuals or companies.
 

 

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