Terms of Use

1. About the Terms of Use

It is important that you read the following so that you understand your rights and responsibilities as an ApprenticeshipCentral user.

This page clearly states the Terms of Use under which You may make use of the ApprenticeshipCentral Website and Services. These Terms incorporate an agreement between You and BUSY At Work (owner of ApprenticeshipCentral). These Terms of Use are accepted by You each time that You use or access the ApprenticeshipCentral Website and Services.

The ApprenticeshipCentral Website incorporates a number of services, including an online service where you may post apprenticeship positions and search employment opportunities. The ApprenticeshipCentral Website also allows you to create individual profiles, which may include personal information, and to make said profile accessible to the public.

These Terms of Use include the ApprenticeshipCentral Privacy Policy, which is referenced throughout. Please read both the Privacy Policy and Terms of Use carefully. If you do not accept the Terms as they are stated here, do not use the ApprenticeshipCentral Website and Services. By using the ApprenticeshipCentral Website and Services, You agree to be bound by these Terms of Use, including the aforementioned Privacy Policy.

ApprenticeshipCentral reserves the right to revise these Terms at any given time by posting the updated version to this Web Page. Remember to return to this webpage to review the most current Terms because they are binding on You. The term “post” as used within the Terms of Use means information that You submit, publish or display on the ApprenticeshipCentral Website.

Users who do not adhere to these Terms of Use may have their access and use of the ApprenticeshipCentral Website suspended or revoked, at ApprenticeshipCentral’s discretion.

2. Eligibility

If You are under the age of 18 you must use the ApprenticeshipCentral website with permission and supervision of a parent or guardian.

3. Use of ApprenticeshipCentral Content

(a) ApprenticeshipCentral gives permission for you to view and access a single copy of the content available on the ApprenticeshipCentral solely for educational and personal use.

(b) The contents of the ApprenticeshipCentral Website, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other content, are protected under both Australian and foreign copyright, trademark and other laws.

(c) All ApprenticeshipCentral Content is the property of ApprenticeshipCentral or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the ApprenticeshipCentral Website is the exclusive property of ApprenticeshipCentral and is protected by Australian and foreign copyright, trademark, and other laws.

(d) Unauthorised use of the ApprenticeshipCentral Content may violate these laws and/or applicable communications regulations and statutes, and is prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original ApprenticeshipCentral Content on any authorised copy You make of the ApprenticeshipCentral Content.

(e) You agree not to sell or modify the ApprenticeshipCentral Content or copy, reproduce, download, display, publicly perform, distribute, or otherwise use the ApprenticeshipCentral Content in any form, in whole or in part, other than educational purposes, without ApprenticeshipCentral’s prior written permission, except that the foregoing does not apply to Your own User Content (as defined in Section 6) that You legally post on the ApprenticeshipCentral Website.

(f) You further agree to in no other way misuse the ApprenticeshipCentral Content that appears on this Site.

(g) Any code that ApprenticeshipCentral creates to generate or display any ApprenticeshipCentral Content or the pages making up any ApprenticeshipCentral Site is also protected by ApprenticeshipCentral ‘s copyright and you may not copy or adapt such code.

(h) Provided that You are eligible for use of the ApprenticeshipCentral Website, You are granted a limited license, subject to these Terms, to access and use the ApprenticeshipCentral Websites and ApprenticeshipCentral Content and to download or print one copy of ApprenticeshipCentral Content to which You have properly gained access, solely for Your own personal, non-commercial use, provided that You preserve all copyright, trademark, service mark and other proprietary notices contained in the original ApprenticeshipCentral Content.

(i) Except for Your own User Content, You may not use any of the ApprenticeshipCentral Content on any other website or in a networked computer environment (including, without limitation, by uploading or republishing ApprenticeshipCentral Content on any Internet, Intranet or Extranet site or incorporating the ApprenticeshipCentral Content in any other database or compilation for any purpose).

(j) The use of any data mining, robots or similar data gathering or extraction methods is prohibited.

(k) Any use of the ApprenticeshipCentral Website or ApprenticeshipCentral Content other than as specifically authorised by these Terms of Use, without the prior written permission of BUSY At Work, is strictly prohibited and will terminate the license granted by these Terms.

(l) Unless explicitly stated in these Terms, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

4. ApprenticeshipCentral Site Restrictions

(a)You shall not use the ApprenticeshipCentral Website in order to transmit, post, distribute, store or destroy material, including without limitation, ApprenticeshipCentral Content:

1. In violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information;

2. (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or

3. (iii) that is defamatory, obscene, threatening, abusive or hateful.

(b) You shall not violate or attempt to violate the security of the ApprenticeshipCentral Website, including without limitation, the following activities:

1. Accessing data not intended for such User or logging into a server or account which the User is not authorized to access;

2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

3. Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the ApprenticeshipCentral Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or

4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. ApprenticeshipCentral will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. In order to ensure a safe and effective experience for all of our customers, ApprenticeshipCentral reserves the right to limit the amount of data (including resume/CV views) that may be accessed by You in any given time period. These limits may be amended at ApprenticeshipCentral’s discretion acting reasonably from time to time.

5. Registration Information

(a) When you register with the ApprenticeshipCentral Website, You will be asked to create an ApprenticeshipCentral account and provide ApprenticeshipCentral with certain information including, without limitation, a valid email address.

(b) ApprenticeshipCentral reserves the right to offer third party services and products to you based on the preferences that you identify in Your registration and at any time thereafter; such offers may be made by ApprenticeshipCentral or by third parties. Please see ApprenticeshipCentral’s Privacy Statement, for further details regarding Your Information.

(c) Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, ApprenticeshipCentral does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any ApprenticeshipCentral Site, or any other representation, warranty or guarantee. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

Confidentiality

(d) You are responsible for maintaining the confidentiality of your employer or applicant account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently.

(e) You shall be responsible for all uses of your ApprenticeshipCentral Website registrations and passwords, whether or not authorized by you. you agree to notify ApprenticeshipCentral immediately upon becoming aware of any unauthorized use of Your employer account, Profile, or passwords.

Ownership of Your Profile and Information

(f) You understand and acknowledge that You have no ownership rights in Your Profile and Information.

Treatment of Information upon Termination

ApprenticeshipCentral reserves the right to terminate this agreement and delete your account and all of your Information after 28 days of inactivity. Following 28 days of inactivity, ApprenticeshipCentral will provide you with reasonable notice via email of the date on which your account will be deleted. If you access your ApprenticeshipCentral account before this date, your ApprenticeshipCentral account will not be deleted.

(g) If you cancel your ApprenticeshipCentral account or your ApprenticeshipCentral account is terminated:

1. all your account information from ApprenticeshipCentral, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in and may be deleted from ApprenticeshipCentral’s databases and will be removed from any public area of the ApprenticeshipCentral Website;

2. Information may continue to be available for some period of time because of delays in propagating such deletion through ApprenticeshipCentral’s web servers.

3. Third parties may retain saved copies of Your Information.

6. Use of the ApprenticeshipCentral Services

The position post and profile/resume database (“ApprenticeshipCentral Resume Database”) and other features of the ApprenticeshipCentral Websites may be used only by individuals seeking employment and/or career information and by employers seeking apprentices and/or trainees.

1. Provisions for All ApprenticeshipCentral Users, Including Job Seekers and Employers.

I. All ApprenticeshipCentral users agree to not:

1. Take any action that imposes an unreasonable or disproportionately large load on the ApprenticeshipCentral Website’s infrastructure;

2. Use any device to navigate or search any ApprenticeshipCentral Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by ApprenticeshipCentral;

3. Reverse engineer or decompile any parts of the Site;

4. Aggregate, copy or duplicate in any manner any of the ApprenticeshipCentral Content or information available from any ApprenticeshipCentral Site, including expired job postings, without consent from ApprenticeshipCentral;

5. Frame or link to any ApprenticeshipCentral Content or information available from any ApprenticeshipCentral Site;

6. Post any content or material that endorses or provides instructional information about illegal activities or other activities prohibited by these Terms of Use, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;

7. Post any resume/CV or apply for any job on behalf of another party;

8. Defer any contact from an employer to any agent, agency, or other third party representative;

9. Share with a third party any login credentials to any ApprenticeshipCentral Site;

10. Post or submit to any ApprenticeshipCentral Site any incomplete, false or inaccurate biographical information or information which is not Your own;

11. Post content that contains restricted or password-only access pages, or hidden pages or images; 12. Solicit passwords or personally identifiable information from other Users;

13. Delete or alter any material posted by any other person or entity;

14. Harass, incite harassment or advocate harassment of any group, company, or individual;

15. Send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User;

16. Send “junk mail”, “chain letters,” or engage in any unsolicited mass mailing or “spamming”;

17. Send mail or email, place telephone calls or send faxes to users that have specifically requested not to be contacted by You;

18. Post or submit any content, resume/CV, or job posting that is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual, as determined in ApprenticeshipCentral’s reasonable discretion;

19. Use the ApprenticeshipCentral Services for any unlawful purpose or to engage in any illegal activity;

20. Promote or endorse false or misleading information, illegal activities, or conduct that is abusive, threatening, obscene, defamatory or libelous;

21. Post or submit any content or resume/CV that displays or links to pornographic, indecent or sexually explicit material of any kind.

II. Material Misrepresentations

If at any time during Your use of the ApprenticeshipCentral Services, ApprenticeshipCentral has reasonable grounds to suspect that You made a material misrepresentation of fact to ApprenticeshipCentral or have otherwise materially misled ApprenticeshipCentral in regards to the nature of Your business activities (the Misrepresentation), the Misrepresentation will be treated as a breach of these Terms in accordance with clause 18 (Term and Termination) and ApprenticeshipCentral may have grounds to terminate Your use of the ApprenticeshipCentral Services in accordance with clause 18.

2. Additional Terms Applicable to Job Postings

I. A Job posting may not contain:

0. Any hyperlinks;

1. Misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in ApprenticeshipCentral’s reasonable discretion; 2. The names or trademarks of unaffiliated companies;

3. The names of colleges, cities, states, towns or countries that are unrelated to the posting;

4. More than one job or job description, more than one location, or more than one job category, unless the product so allows;

5. Inaccurate, false, or misleading information;

6. Any unlawful discrimination;

7. Material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18;

II. You may not use Your ApprenticeshipCentral job posting to:

1. Post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;

2. Post jobs that require Australian citizenship or lawful permanent residence in Australia as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;

3. Post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;

4. Post jobs or other advertisements for competitors of ApprenticeshipCentral or post jobs or other content that contains links to any site competitive with ApprenticeshipCentral;

5. Sell, promote or advertise products or services;

6. Post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;

7. Post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;

8. Post any business opportunity that pays commissions only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;

9. Promote any opportunity that does not represent bona fide employment (j) post jobs on any ApprenticeshipCentral Site for modeling, acting, talent or entertainment agencies or talent scouting positions;

10. Advertise sexual services or seek employees for jobs of a purely sexual nature;

11. Request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;

12. Endorse a particular political party, political agenda, political position or issue;

13. Endorse a particular religion or religious agenda;

14. Post jobs located in countries subject to economic sanctions of the Australian government;

15. Except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her

1. Racial or ethnic origin

2. Political beliefs

3. Philosophical or religious beliefs

4. Membership of a trade union

5. Physical or mental health

6. Sexual life

7. The commission of criminal offences or proceedings or

8. Age.

III. ApprenticeshipCentral reserves the right to remove any job posting or content from any ApprenticeshipCentral Site, which in the reasonable exercise of ApprenticeshipCentral’s discretion, does not comply with the above Terms, or if any content is posted that ApprenticeshipCentral reasonably believes may be harmful or detrimental to the reasonable business interests of ApprenticeshipCentral.

7. Use of the ApprenticeshipCentral Resume Database

0. You shall use the ApprenticeshipCentral Resume Database as provided in these Terms and in any contract You have with ApprenticeshipCentral. You shall use the ApprenticeshipCentral Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from ApprenticeshipCentral Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume/CV explicitly for employment purposes.

1. You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from ApprenticeshipCentral Resume Database from loss, misuse, unauthorised access, disclosure, alteration or destruction.

2. All Resume Database Users agree to not:

0. Use the ApprenticeshipCentral Resume Database for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume/CV holder User of any ApprenticeshipCentral site;

1. Use the ApprenticeshipCentral Resume Database to repeatedly make unsolicited phone calls or faxes or repeatedly send unsolicited mail, email, or newsletters to resume/CV holders or to contact any individual who has specifically informed You they do not want to be contacted.

2. Use the ApprenticeshipCentral Resume Database to source candidates or to contact job seekers or resume/CV holders regarding any opportunity prohibited by Sections 5(B)(II)(f), (g), and (h);

3. Share Resume Database seat-based license login credentials with any other party;

4. Share Resume Database pay-per-view license login credentials with any party who is not employed by the licensed entity.

3. ApprenticeshipCentral does not necessarily monitor materials posted, transmitted, or communicated to or within the Site. If You believe that something on the Site violates these Terms please contact our designated agent set forth under section 7 below.

4. If notified of any content or other materials which allegedly do not conform to these Terms, ApprenticeshipCentral may in its discretion investigate the allegation and determine whether to remove or request the removal of the content. ApprenticeshipCentral has no liability or responsibility to Users for performance or nonperformance of such activities.

5. User Content and Submissions.

(a) You are solely responsible for your Account information, employer account information or job postings, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information that You post on any ApprenticeshipCentral Site or transmit to other Users (User Content).

(b) By posting User Content to any public area of any ApprenticeshipCentral Site, including without limitation, Profiles, contests and chat rooms, You automatically grant to ApprenticeshipCentral and its affiliates an irrevocable, royalty-free, perpetual, assignable, transferable, and fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorise sublicenses thereof (through multiple tiers).

(c) You also represent and warrant that: 1. Your posting of such User Content does not violate any other entity’s intellectual property rights; and 2. You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above.

(d) If you post User Content in any public area of any ApprenticeshipCentral Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any ApprenticeshipCentral Site retains any and all rights that may exist in such User Content.

(e) ApprenticeshipCentral acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, ApprenticeshipCentral may review and remove any User Content that, in its reasonable opinion: 1. Violates these Terms of Use, violates applicable laws, rules or regulations. 2. Is abusive, disruptive, offensive or illegal. 3. Violates the rights of, or harms or threatens the safety of, Users of the ApprenticeshipCentral Website.

(f) ApprenticeshipCentral reserves the right to, acting reasonably, expel Users (in accordance with clause 18, where practicable and reasonable) and prevent their further access to the ApprenticeshipCentral Sites and/or use of ApprenticeshipCentral services for violating the Terms or applicable laws, rules or regulations.

(g) ApprenticeshipCentral may take any action with respect to User Content that it deems necessary or appropriate in its discretion, acting reasonably, if it believes that such User Content could create liability for ApprenticeshipCentral, damage ApprenticeshipCentral’s brand or public image, or cause ApprenticeshipCentral to lose Users or (in whole or in part) the services of its ISPs or other suppliers.

(h) ApprenticeshipCentral does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does ApprenticeshipCentral endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

(i) Any Profile you submit must describe you, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not you.

(j) Candidate profiles derived from User Content may also be made available through the ApprenticeshipCentral Website. ApprenticeshipCentral does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may differ significantly from User Content.

(k) We appreciate hearing from our Users and welcome Your comments regarding our services and the ApprenticeshipCentral Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of ApprenticeshipCentral. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. ApprenticeshipCentral shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

8. Identification Of Agent To Receive Notification and Elements Of Notification Of Claimed Copyright or Trademark Infringement.

If you believe that your copyrighted work or trademark has been uploaded, posted or copied to the ApprenticeshipCentral Website and is accessible in a way that constitutes copyright or trademark infringement, please contact us via the feedback link situated on the home page of the website.

9. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others

(a) ApprenticeshipCentral respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights.

(b) As a condition to your use of the ApprenticeshipCentral Website, You agree not to use the Website to infringe the intellectual property rights of others in any way. ApprenticeshipCentral reserves the right to terminate the accounts of any Users, and block access to the ApprenticeshipCentral Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others.

(c) ApprenticeshipCentral reserves the right, in its discretion, acting reasonably, to take these actions to limit access to the Site and/or terminate the accounts at any time, in our discretion acting reasonably, of Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and to the extent permitted by law, without any liability to the User who is terminated or to the User whose access is blocked.

(d) Notwithstanding the foregoing, in the event that you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact us via the feedback option available on the home screen of the website and we will contact you directly.

10. ApprenticeshipCentral's Liability

(a) The ApprenticeshipCentral Sites act as, among other things:

1. Venues for employers to post Apprenticeship/Traineeship opportunities and search for and evaluate job applicants and

2. Candidates to post resumes and Profiles and search for and evaluate job opportunities. ApprenticeshipCentral does not screen or censor the listings, including Profiles offered.

(b) ApprenticeshipCentral is not involved in the actual transaction between employers and candidates. As a result, ApprenticeshipCentral is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and ApprenticeshipCentral makes no representations about any jobs, resumes or User Content on the ApprenticeshipCentral Sites.

Content

(c) While ApprenticeshipCentral reserves the right in its discretion, acting reasonably, to remove User Content, job postings, resumes or other material from the ApprenticeshipCentral Sites from time to time, ApprenticeshipCentral does not assume any obligation to do so and, to the extent permitted by law, disclaims any liability for failing to take any such action.

(d) ApprenticeshipCentral provides a venue for individuals to network for professional and personal purposes and ApprenticeshipCentral does not screen or censor the Profiles or User Content on the ApprenticeshipCentral Website. ApprenticeshipCentral is not involved in the actual communications between Users. As a result, ApprenticeshipCentral has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the ApprenticeshipCentral Sites and makes no representations about any Profile or User Content on the ApprenticeshipCentral Sites.

(e) Changes are periodically made to the ApprenticeshipCentral Website and may be made at any time.

(f) You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume/CV or material contained therein placed by you on the ApprenticeshipCentral Website.

(g) Employers are solely responsible for their postings on the ApprenticeshipCentral Website. ApprenticeshipCentral is not to be considered to be an employer with respect to your use of your use of our Website and ApprenticeshipCentral shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any ApprenticeshipCentral Site.

(h) ApprenticeshipCentral cannot guarantee and does not promise any specific results from use of any ApprenticeshipCentral Site.

(i) ApprenticeshipCentral encourages you to keep a back-up copy of any of your User Content. In no event shall ApprenticeshipCentral be liable for the deletion, loss, or unauthorized modification of any User Content. Your risks

(j) There are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom you come in contact through the ApprenticeshipCentral Website.

(k) By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the ApprenticeshipCentral Website.

(l) The ApprenticeshipCentral Website and Content may contain inaccuracies or typographical errors. ApprenticeshipCentral makes no representations about the accuracy, reliability, completeness, or timeliness of any ApprenticeshipCentral Content. The use of the ApprenticeshipCentral Website and the ApprenticeshipCentral Content is at your own risk. User-to-User and third-party dealings

(m) Because User authentication on the Internet is difficult, ApprenticeshipCentral cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on the ApprenticeshipCentral Website.

(n) In the event that you have a dispute with one or more Users, You release ApprenticeshipCentral (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

11. Warranties

(a) ApprenticeshipCentral does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, ApprenticeshipCentral excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the ApprenticeshipCentral Site whether based in statute, common law or otherwise to the extent permitted by law.

(b)No advice or information, whether oral or written, obtained by a User from ApprenticeshipCentral or through or from the ApprenticeshipCentral Website shall create any warranty other than warranties implied by law or expressly stated herein.

(c) SUBJECT TO LAW AND TO THE FULLEST EXTENT POSSIBLE:

(1) ApprenticeshipCentral does not warrant the accuracy of the content on the ApprenticeshipCentral Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at ApprenticeshipCentral’s sole discretion and without notice;

(2) APPRENTICESHIPCENTRAL DOES NOT WARRANT THAT THE APPRENTICESHIPCENTRAL WEBSITE OR ANY APPRENTICESHIPCENTRAL SERVICES WILL OPERATE ERROR-FREE OR THAT ANY APPRENTICESHIPCENTRAL SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. APPRENTICESHIPCENTRAL MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE APPRENTICESHIPCENTRAL CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS OR ABOUT NON-INFRINGEMENT.

(3) ApprenticeshipCentral will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, subject only to paragraph (v) of this provision.

(4) ApprenticeshipCentral does not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that ApprenticeshipCentral or the server that makes it available, are free of viruses or bugs.

(5) Liability of ApprenticeshipCentral, for any breach of a term or condition implied by law is limited at ApprenticeshipCentral’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.

(6) You indemnify ApprenticeshipCentral and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.

12. Disclaimer of Consequential Damages

EXCEPT TO THE EXTENT REQUIRED BY LAW, IN NO EVENT SHALL APPRENTICESHIPCENTRAL, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY APPRENTICESHIPCENTRAL SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY APPRENTICESHIPCENTRAL SITE AND THE APPRENTICESHIPCENTRAL CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APPRENTICESHIPCENTRAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Limitation of Liability

SUBJECT TO LAW, APPRENTICESHIPCENTRAL’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE APPRENTICESHIPCENTRAL WEBSITE OR YOUR USE OF THE APPRENTICESHIPCENTRAL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

14. Links to Other Sites

The ApprenticeshipCentral Websites contains links to third party Websites. These links are provided solely as a convenience to you and not as an endorsement by ApprenticeshipCentral of the contents on such third-party Websites. ApprenticeshipCentral is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, You do so at Your own risk.

15. No Resale or Unauthorised Commercial Use

You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorised commercial use of the ApprenticeshipCentral Website.

16. Indemnity

You agree to defend, indemnify, and hold harmless ApprenticeshipCentral, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:

(i) any User Content or other material you provide to the ApprenticeshipCentral Website;

(ii) Your use of any ApprenticeshipCentral Content; or

(iii) Your breach of these Terms, Unless a negligent act or omission of ApprenticeshipCentral or breach of these Terms by ApprenticeshipCentral gave rise to such a claim, action or demand. ApprenticeshipCentral shall provide notice to you promptly of any such claim, suit, or proceeding.

17. General

Access Outside of Australia

(a) ApprenticeshipCentral makes no claims or representations that the ApprenticeshipCentral Content may be lawfully viewed or accessed outside of Australia.

(b) Access to the ApprenticeshipCentral Content may not be legal by certain persons or in certain countries. If you access the ApprenticeshipCentral Website from outside of Australia, You do so at Your own risk and are responsible for compliance with the laws of your jurisdiction.

(c) Any software downloaded from any ApprenticeshipCentral Webite is further subject to Australian export control laws, and may not be downloaded or otherwise exported or re-exported: 1. Into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or 2. To any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

(d) By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list. Jurisdiction

(e) These Terms are governed by the internal substantive laws of the state of Queensland, Australia , without respect to its conflict of laws principles.

(f) Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Queensland, Australia. Severability

(g) If any provisionof these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Waiver

(h) No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, ApprenticeshipCentral’s failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect ApprenticeshipCentral’s ability to enforce such term at any point in the future. Entire agreement

(i) Except as expressly provided in an additional agreement, additional Terms for certain areas of the ApprenticeshipCentral Sites, a particular “Legal Notice”, or software license or material on particular pages on the ApprenticeshipCentral Sites, these Terms constitute the entire agreement between You and ApprenticeshipCentral with respect to the use of the ApprenticeshipCentral Sites. No changes to these Terms shall be made except by a revised posting on this page.

18. Term and Termination

(a) These Terms will remain in full force and effect while you are a User of the ApprenticeshipCentral Website at any level.

(b) If you breach any of these Terms of Use or if ApprenticeshipCentral is unable to verify or authenticate any information you submit to a ApprenticeshipCentral Site registration:

1. ApprenticeshipCentral will have grounds to issue a termination notice to you via email. A termination notice will be issued only where it is reasonably practicable for ApprenticeshipCentral to do so. If it is not reasonably practicable to issue you with a termination notice, your use of the ApprenticeshipCentral Services may be terminated without notice to you;

2. Your account may be suspended from the time the termination notice is issued until your account is either terminated in accordance with this clause 18 or ApprenticeshipCentral withdraws its notice of termination;

3. the termination notice will set out details of the alleged breach; and if:

1. Your breach is unable to be remedied: or

2. You do not respond to the termination notice within 10 days; or

3. You fail to remedy the breach, ApprenticeshipCentral will terminate your use of the ApprenticeshipCentral Services.

(c) Upon termination ApprenticeshipCentral reserves the right, at its discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the ApprenticeshipCentral Website and immediate termination of your registration with or ability to access the ApprenticeshipCentral Sites and/or any other services provided to you by ApprenticeshipCentral.

19. Survival

Even after you are no longer a User of the ApprenticeshipCentral Website, certain provisions of these Terms will remain in effect, including Sections 2, 5, 6, 8 through 17, inclusive.

 

 

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