ImproveMe Competency Assessment

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Terms and Conditions

This Agreement governs Your purchase of the Services.

By ticking the tick-box at the bottom of this page, You agree to have read and be bound by the terms and conditions and all other and all other policies published by Us from time to time.

By using the Services, You acknowledge You have read, understood and agree to be bound by these terms. If You do not agree to these terms or if You do not have authority to enter into this Agreement, You must not use the Services.

1. Definitions

1.1 Definitions

In this Agreement, unless the context otherwise requires:
a) Account means the system for accessing and using the Service.
b) Agreement means this Agreement between You and Us for the supply of the Service.
c) Buyer means the natural or legal person who pays for the User to access and use the Services.
d) Confidential Information includes any information of a Party that is:

i. information designated by a Party as confidential,
other than such information which:
ii. was in the public domain at the time of its provision;
iii. became part of the public domain after its provision, otherwise than through a disclosure by the other Party or any person to whom the other Party has disclosed that information;
iv. was known by a Party prior to information being disclosed to that Party by the other Party; or
v. is or came lawfully into the possession of the other Party otherwise than as a result of a disclosure in breach of an obligation of confidence.

e) Fee means the fee payable for the Services, the amount of which is inclusive of GST and in Australian Dollars.
f) GST means the goods and services tax imposed by:

i. A New Tax System (Goods and Services Tax) Act 1999 (Cth), the rate of which (currently 10%) is multiplied to any payment (or the relevant part thereof); or
ii. if that Act does not exist for any reason, any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.

g) Intellectual Property means all present and future rights conferred by statute, common law or equity in or relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.
h) Moral Rights has the meaning given under the Copyright Act 1968 (Cth) and includes any similar rights existing in other countries.
i) Parties means We and You, the Parties to this Agreement and, as the context requires, each of our Authorised Persons.
j) Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

i. whether the information or opinion is true or not; and
ii. whether the information or opinion is recorded in a material form or not,
which is provided to or otherwise comes into Our possession as a result of this Agreement.

k) Platform means the software infrastructure through which the Services are made available online.
l) Related Bodies Corporate has the meaning given to that term by the Corporations Act 2001 (Cth).
m) Services means the web based selection tool designed to assess an individual"s suitability for or compatibility with certain career pathways and to provide individuals with career options.
n) User means the person who registers to use the Services.
o) Website means the Internet site located at www.improveme.com.au or any other site operated by Us.
p) We, Us or Our means ImproveMe.com.au Pty Ltd (ACN 607 094 762) and, where applicable, includes its Authorised Persons, Related Bodies Corporate and permitted assigns.
q) You or Your means the User.
r) Your Data means data inputted by You in the course of using the Services, which may include Your Personal Information.

2. Use of Services

2.1 Pre-Conditions

You may only use the Services if:
a) You reside in Australia at the time of use;

3. Services

3.1 Assessments

a) In providing the Services, You will be asked to undertake a wide range of competency and aptitude related tests (Assessments).
b) The answers to the Assessments will be used to suggest suitable career options for You.
c) During an Assessment, You may save your responses and return to the Assessment at a later date. We will send you a link to your email address with access to the incomplete Assessment.

3.2 Report

a) Once You complete an Assessment, You will be emailed a report (Competency Report).
b) The Competency Reports will include suggestions of career options suited to You. These suggestions are based on Your answers to the Assessment. As noted in the Competency Reports, these lists of career suggestions should not be considered exhaustive. Rather, they are a list of careers that suit an individual with strong skills in a particular competency. A variety of other factors, such as lifestyle factors, should also be taken into consideration.
c) You agree and acknowledge that in the event You are not the Buyer (person or organisation who paid for you to undertake the Assessment), your Competency Reports will also be emailed to the Buyer. We also reserve the right to provide the Buyer with information such as whether you have undertaken the Assessment or not, at any given point in time.

4. Our responsibilities

4.1 Services

a) In providing the Services, We will:

i. use reasonable efforts to provide You with access to the Services on a real-time basis on the terms set out in this Agreement, except for:

A. scheduled maintenance or planned downtime (of which We shall give You prior notice); and
B. any unavailability caused by circumstances beyond Our reasonable control including, without limitation, any Force Majeure Event;

ii. provide and maintain the Services as required to ensure availability;
iii. comply with all applicable laws.

4.2. While We intend for the Services to be available at all times, We cannot guarantee the usual functionality of Your Account or the Services at all times.
4.3. Support

a) To the extent required by this Agreement, We will:

i. provide You with such support as is reasonably necessary to ensure provision of the Services to You;
ii. use reasonable endeavours to resolve any problem You may have in using the Services; and
iii. provide You with such information relevant to the Services as You reasonably require.

4.4. Security

a) We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of Your Data from unauthorised access or use by a third party or misuse, damage or destruction by any person.
b) If any of Your Data is lost, damaged, destroyed, corrupted or altered in connection with the provision of the Services, We will take all practicable measures to recover or restore Your Data from the last available backup and use Our best endeavours to recover or restore Your Data.
c) Notwithstanding sub-clause (a), We will permit access to Your Data in accordance with Our Privacy Policy We may also permit any duly authorised law enforcement officer access to Your Data. You will bear the direct and indirect costs associated the with granting of such access.

4.5. Data Breaches

a) If We become aware of any impairment, compromise or damage to the confidentiality, reliability, integrity or value of Your Data (Data Breach), We will notify You, unless We are legally prohibited from doing so.
b) In the event of a Data Breach, We will at Your cost and at Your request:

i. promptly disclose to You all information relevant to that Data Breach; and/or
ii. co-operate with You in investigating what has occurred and the circumstances surrounding that Data Breach.

4.6. Responsibility for viruses

a) We will use reasonable endeavours to ensure the Services are not affected by viruses or similar programing defects.

4.7. Backup

a) You must ensure You make and maintain copies of all Your Data.
b) Notwithstanding any backups We make of Your Data, We cannot guarantee there will be no loss of Your Data and We expressly exclude liability for any such loss, howsoever caused.

4.8. Accuracy

a) We do not warrant that the Services are free from inaccuracies, defects or errors. However, We warrant that the Services are substantially free of any known errors.

5. Your responsibilities

5.1. Obligations

a) In accordance with this Agreement, You must:

i. comply with all applicable laws;
ii. pay for the Services or, where You are not the Buyer, ensure payment of the Services;
iii. notify Us of issues or problems with the Services in a timely manner;
iv. take all reasonable steps to ensure that any device You use to set up or access Your Account is adequately protected from potential hazards by firewalls, anti-virus software and any other such security applications; and
v. perform all other obligations as set out in this Agreement.

5.2. Prohibited Conduct

a) In using the Services, You must not:

i. misuse the Services in any way;
ii. reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose or for any purpose whatsoever, any aspect of the Services;
iii. do anything to hinder or prevent Us from performing scheduled maintenance; and
iv. infringe the rights of any person, whether in law or in equity.

6. Fee and Payment

6.1. Fee

a) Unless the Services are offered in accordance with a promotional offer, which offer may be made by Us at Our sole discretion from time to time, You will be charged a Fee for the Services.
b) Where You are not the Buyer, You must procure payment of the Fee from the Buyer.
c) Unless otherwise agreed, and to the fullest extent permitted by law, the Fee is non-refundable.
d) We reserve the right to change or alter the Fee without notice to You or, as the context requires, the Buyer.
e) We will use Our best efforts to ensure the Fee is clearly stated on the Website. In the event however the price thereof is incorrectly stated (Incorrect Fee), We are under no obligation to charge You or, as the context requires, the Buyer the Incorrect Fee.
f) The Fee is payable on registration.
g) We do not collect or store your debit or credit card information. Any credit or debit card details used to pay for the Services are collected and stored by Macquarie Bank. You, or as the context requires, the Buyer should review Macquarie Bank"s Terms of Use and Privacy Policy before providing any credit or debit card details.

7. Warranties and acknowledgements

7.1. You warrant that:

a) You are authorised to use the Services;
b) Your Data does not infringe the rights (including Intellectual Property rights) of any third party; and

7.2. In the event You are not the Buyer, You acknowledge and agree that:

a) We will supply the Buyer Your competency report; and
b) We will not provide You with a copy of Your competency report and any such requests for copies of same must be directed to the Buyer.

8. Intellectual Property

7.1. Our Intellectual Property

a) You acknowledge and agree as follows:

i. We or Our licensor own all Intellectual Property rights in the Services (including any modifications and enhancements made to the same) or any other Intellectual Property rights made available to You by or on Our behalf;
ii. nothing in this Agreement affects the ownership of Moral Rights in the Services, nor constitutes a transfer of any Intellectual Property rights in the same;
iii. unless otherwise agreed in writing, You must not use Our name, logo or other Intellectual Property, nor are You permitted to use Our logo or any other trade mark service mark, graphic and logo used by Us or Our licensors beyond connection with the Services; and
iv. You will not directly or indirectly do anything that would or might invalidate or put in dispute Our Intellectual Property rights in the Services.

8.2. Your Data

a) We acknowledge that You are the owner of all rights in Your Data and all Intellectual Property rights in Your Data remain with or vest in You.
b) Notwithstanding 8.2(a), You grant Us a non-exclusive, perpetual, worldwide, irrevocable, transferable and royalty free licence to use, copy, transmit, store, backup and sub-licence Your Data for the purposes of providing the Services and for Our business purposes, on the condition that any use of Your Data does not in any way identify You.
c) For the avoidance of doubt, the licence granted under clause 8.2(b) survives termination of this Agreement.

9. Confidentiality and Privacy

9.1. Each Party must protect and maintain the Confidential Information of the other Party and must only use such Confidential Information for the purposes of performing its obligations under this Agreement. Neither Party may disclose the Confidential Information of the other, except as required by law or with the written consent of the Party to whom the Confidential Information belongs.
9.2. We will use or disclose Personal Information for the purposes of providing the Services or as expressly provided in our Privacy Policy .
9.3. We further agree to comply at all times with the Australian Privacy Principles contained in Sch 1 to the Privacy Act 1988 (Cth) (or an applicable privacy code approved by the Federal Privacy Commissioner pursuant to that Act) in the same way and to the same extent as You would have been required to comply had You been directly responsible for performing the act or practice concerned.

10. Disclaimer

10.1. We are not in the business of providing legal, vocational, financial or any other professional advice. Accordingly, the Services are for Your general use and general information only. The Services are not intended to replace legal, vocational, financial or any other professional advice.
10.2. We do not guarantee that by using the Services You will secure employment, whether within a particular industry or at all.
10.3. The Services are provided to You on an "as is" and "as available" basis without guarantees, warranties or representations of any kind, whether express or implied, including, without limitation, warranties as to merchantability, acceptable quality and fitness for any purpose, which, to the fullest extent permitted by law, We hereby expressly disclaim.
10.4. You are solely responsible for the appropriateness of the Services for Your intended application and Use. We do not warrant that the Services meet Your requirements.
10.5. We do not guarantee that the Services will be available without interruption or error-free nor do we guarantee that the Services are free from viruses, bugs and the like, which may interfere with the normal operations of Your systems.
10.6. To the extent that any applicable law does not permit the disclaimer of warranties, the Services are warranted only to the minimum amount legally required.

11. Exclusions and Limitation of Liability

11.1. We are not liable to You for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Agreement, except to the extent that such liability may not be lawfully excluded and subject to clause 11.4.
11.2. Notwithstanding the generality of clause 11.1, We expressly exclude liability for special, indirect or consequential damages, which damages will be deemed to include loss of revenue, loss of profit, loss of or corruption to data and loss of opportunity.
11.3. Subject to clause 11.4, in the event that any exclusion or other provision contained in the Agreement is held to be invalid for any reason and We become liable for loss or damage that could otherwise have been limited, such liability shall be limited to the Fee paid for the Services.
11.4. The limitation expressed in clause 11.1 does not apply to Our liability for loss suffered or incurred by You in respect of:

a) fraud or other unlawful acts;
b) breach of Intellectual Property rights; or
c) liability that cannot be limited or excluded by law, including under the Australian Consumer Law.

12. Consumer Guarantees

l2.1. The Australian Consumer Law may imply warranties or conditions, or impose obligations upon Us that cannot be excluded, restricted or modified.
l2.2. Nothing in these Terms is intended to exclude, restrict or modify or have the effect of excluding, restricting or modifying any rights you may have under the Australian Consumer Law.

13. Indemnity

13.1. You release and shall indemnify and keep Us indemnified against any claims, costs, losses, expenses, liabilities, injury, costs and damages that may be incurred or sustained by Us arising out of or in connection with:

a) any breach by You of this Agreement; and/or
b) any express or implied warranties, representations, or acknowledgements which are given by You and prove to be untrue or are otherwise breached by You,
except to the extent that any such cost, damage, expense, loss or liability is caused by acts or omissions on Our part.

13.2. We reserve the right to assume exclusive control of any matter for which You are required to indemnify Us and You agree to provide assistance at Your expense for the purposes of defending and managing all such claims as is reasonably requested by Us.

14. Term and Termination

14.1. Term

a) This Agreement will continue to apply until terminated by You or Us.

14.2. Termination without cause

a) Either Party may terminate this Agreement without further liability at any time.

14.3. Termination by Us

a) We may terminate this Agreement with immediate effect if:

i. You fail to meet Your obligations under this Agreement; or
ii. if there is a change of circumstances beyond Our reasonable control that prevents Us from supplying the Services to You.

14.4. Consequences of termination

a) Upon termination of this Agreement, We may, at Our sole discretion, terminate Your access and use of the Services and the Website.
b) On termination of this Agreement, for whatever reason, You must pay any fees owing and payable to Us hereunder.

14.5. Accrued rights

a) Any termination of this Agreement does not affect any accrued rights or liabilities of either Party.

14.6. Survival

a) This clause 13 and clauses 7, 8, 9, 10, 11, 12, 14 and 16 survive termination of this Agreement, as do all clauses that, by their nature, could reasonably be construed as being intended to continue to apply beyond termination of this Agreement.

15. Complaints

15.1. Should You have any complaints with respect to the Services, please report Your complaint to help@improveme.com.au.

16. General

16.1. Notices

a) A communication required by this Agreement by a Party to another must be in writing and may be given to them by being:

i. delivered personally, in which case it will be treated as received at the time of delivery; or
ii. posted to their address as specified in this Agreement or as provided from time to time, or as later notified by them, in which case it will be treated as having been received on the second business day after posting; or
iii. sent by email to their email address, when it will be treated as received when it enters into the recipient"s information system.

16.2. Relationship between the Parties

a) This Agreement does not create a relationship of employment, agency, partnership or joint venture between the Parties.

16.3. Assignment

a) We may assign or otherwise deal with any of Our rights or obligations under this Agreement without Your prior written consent.
b) We will notify You of the assignment or any other dealing once such assignment dealing has taken place.
c) You may not assign or otherwise deal with any of Your rights or obligations under this Agreement without Our prior written consent, which consent We will not unreasonably withhold.
d) Any assignment, novation or other transfer in breach of this clause will be of no effect.

16.4. Variation

a) We may, at any time and at Our sole discretion, amend, modify or otherwise alter the terms of this Agreement.
b) Any amendments, modifications or alterations to the terms shall become effective upon the posting thereof.
c) Your continued use of the Service following the posting of amendments, modifications or alterations constitutes Your acceptance of the revised terms.

16.5. Waiver

a) No failure to exercise or delay in exercising any right given by or under this Agreement to a Party constitutes a waiver and the Party may still exercise that right in the future.

16.6. Severability

a) Should any part of this Agreement be or become invalid, that part shall be severed from this Agreement. Such invalidity shall not affect the invalidity of the remaining provisions of the Agreement.

16.7. Entire Agreement

a) This Agreement represents the entire agreement between the Parties in relation to the Services and the supply of the Services and supersedes all prior discussions, negotiations, understandings and agreements in relation to the Services and the supply of the Services.

16.8. Governing law and jurisdiction

a) This Agreement is governed by and to be construed in accordance with the laws of Victoria, Australia.
b) The Parties hereby submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia and any courts that may hear appears from those about any matter arising out of or in connection with this Agreement.

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