Employer Terms and Conditions

1. Acceptance of Terms

1.1 Global Personal Development ACN 163 119 275 CareerSupport365 Pty Limited (referred to here as CareerSupport365) ABN 28 113 684 638 provides its Service (as defined below) to you through its web site located at https://www.careersupport365.com (the "Site"), subject to this Terms of Service agreement ("TOS").

By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these TOS, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these TOS, you must not accept these TOS and may not use the Service.

1.2 CareerSupport365 may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.

2. Description of Service

The "Service" includes (a) the Site, (b) the on-demand CS365 modules, and services provided through the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services (collectively referred to as the "Content"). Any new features added to or augmenting the Service are also subject to this TOS.

3. General Conditions/Access and Use of the Service

3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for employees purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) copy or process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or use of the Service and its components.

3.2 Subject only to the limited right to access and use the Service expressly granted to you under this TOS, all rights, title and interest in and to the Service, and its components will remain with and belong exclusively to CareerSupport365. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with CareerSupport365, or otherwise attempt to gain unauthorised access to the Service or its related systems or networks.

3.3 You are responsible for maintaining the confidentiality of all information provided to you by CareerSupport365 and the information you provide to us. You agree and acknowledge that each login may only be used by one (1) person – a single login shared by multiple people is not permitted – unless otherwise explicitly permitted by CareerSupport365. CareerSupport365 reserves the right to access any accounts in order to respond to requests for technical support.

3.4 You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to CareerSupport365’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.

3.5 The failure of CareerSupport365 to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and CareerSupport365, even though it is electronic and is not physically signed by You and CareerSupport365, and it governs use of the Service and takes the place of any prior agreements between You and CS365.

3.6 Your employees have their own terms of use which can be accessed via User Terms and Conditions.

4. Trademarks

CareerSupport365 various logos used or displayed on the Service are trademarks of CareerSupport365 and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the CareerSupport365 products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.

5. Payment and Guarantee

5.1 You will be invoiced ahead of the use of the Services by your employees.

5.2 CareerSupport365 can e-mail an invoice. CareerSupport365 uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information except to process your credit card information for CS365. Please visit Privacy Policy to understand how CareerSupport365 collects and uses personal information.

6. Cancellation and Termination

6.1 CareerSupport365 reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your employee's account (any part thereof) or use of the Service and remove and discard any of your employees content in the Service, for any reason, including, if CareerSupport365 believes that they have violated their TOS or you have not paid our invoices.

CareerSupport365 will use its best efforts to contact you via e-mail to advise you prior to suspension or termination of your employee's account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your employee's use of Service, may be referred to appropriate law enforcement authorities. CareerSupport365 shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

7. DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND CAREERSUPPORT365 EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT CAREERSUPPORT365 DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM CS365 OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

8. LIMITATION OF LIABILITY

8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL CAREERSUPPORT365 BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, CAREERSUPPORT365 SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEE PAID OR PAYABLE BY YOU. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

8.2 Some States do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, CAREERSUPPORT365'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Assignment

CareerSupport365 may assign or transfer this TOS, in whole or in part, without restriction.

10. Export Compliance

You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.

11. Governing Law

These TOS shall be governed by the laws of the State of NSW Australia without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the Federal and State courts of the State of NSW for the purpose of resolving any dispute relating to your access to or use of the Service.

Copyright © 2017 CareerSupport365 Pty Limited.