1. Introduction
1.1 Welcome to the My CareerCapital Platform (‘Platform”).
1.2 My CareerCapital Pty Ltd ACN 638 521 678 (My Career Captial/We/Us/Our) provides aplatform for individuals to own, manage, organise, store, share their careerperformance, feedback and development information over their lifetime with themultiple employers or jobs that one may encounter.
1.3 Employers can support an employee’s career capitalby using My Career Capital for goal setting, performance management andfeedback, allowing employees to access their job history in one place, makingcareer mobility more efficient
1.4 Our services include butare not limited to:
a. Tools to provide insightsand notifications;
b. Downloadable documentgeneration;
c. Portal to manage & saveall job information across employers, goal performance and learning experienceyear on year;
d. Access to self-coaching;
e. Skills assessment and matchingwith career pathways;
f. Guidance on where to targetlearning and development; and
g. Building and understandingunique value proposition.
h. Any additional servicesagreed between the parties including any variations updates, alterationschanges or other works described in any Agreement.
All together: (“Services”).
My Career Capital Platform
1.5 By using the Platform orwhen clicking “accept” as applicable, you warrant that you have read,understood and agree to all of these Terms and Conditions in full. If youdisagree with these Terms and Conditions or any part of these Terms and Conditions,you must not use the Platform.
1.6 We reserve our unfettered rightto amend, add, change, alter or delete these Terms and Conditions at any timewithout prior notice to you. Any suchchanges made to these Terms and Conditions will come into force once uponpublication to the Application.
1.7 Continued use of the Applicationand your account after any amendments constitutes acceptance of the new Termsand Conditions by you.
1.8 Such amendments, additions,changes, alterations or deletions will become the Terms and Conditions.
2. Accounts Registration
2.1 You may register an accounton the Platform by clicking the “Let’sGo” button at the end of the “Create Account” process and following the SMSverification steps which will be sent to your mobile (‘Account’).
2.2 When creating your Account,you (“User”) will be required to choose a password. You must keep yourpassword confidential.
2.3 You are solely responsiblefor any activity that occurs on your Account, including but not limited to thepurchase and upgrade of any of our Services, including but not limited to theselection of any plans, requests for information or demonstration consults. Weare not responsible for any unauthorised activity on your Account, including ifyou fail to keep your Account password secure.
3. Purchase of Services
3.1 Purchase
a. A purchase for any Servicesinvolving the Platform is made by you when you enter your credit card detailsand click “Accept” during the registration process, not when the first paymentis processed.
b. To access any of theServices, you must be at least 18 years old and have the capacity to enter intoa legally binding agreement with us. Ifyou are under the age of 18, you may purchase the Services with the supervisionof a parent or guardian. We are not responsible for any unsupervised activityconducted by persons under the age of 18 including purchases of Services orrequests for information.
c. Any Services purchased byyou on the Platform is an offer by you to purchase a particular item for theprice advertised on the Platform anddisplayed during the checkout process (including any GST).
d. A legally binding contractwill be made between you and us upon any purchase.
3.2 Prices
a. As we are based inAustralia, any charge for Services will be in Australian dollars. The actualprice charged to overseas customers will be subject to the exchange rateapplied by the payment provider you have used.
3.3 Payment
a. You must pay for anyServices in accordance with the terms, time frames and payment methods weaccept on the Platform or as otherwiseprovided by way of agreement with us in writing. You must be fully entitled to use the paymentmethod used for your purchase.
3.4 The payment method musthave sufficient funds, credit or other payment facilities to cover thepurchase.
a. If there are insufficientfunds available in your nominated bank account to meet a payment:
i. You may be charged a feeand/or interest by the your bank;
ii. You may be charged a fee toreimburse us for charges the My Career Capital has incurred for the failedtransaction; and
iii. You must arrange for thepayment to be made by another method or arrange for sufficient funds to be inthe your account within the next 7 days or another time agreed in writing by usand you so that the we can process the payment.
3.5 Payments made through Stripeare subject to Stripe’s terms of use. We are not responsible for Stripe’s decisionsto allow you to use their service or provide any warranties or assurances aboutthem.
4. Credit and Cancellation
4.1 Cancellations
a. We reserve the right tocancel any Services for any reason, including but not limited to:
i. If we suspect you are underthe age of 18 and do not have appropriate parental consent to use or purchaseany of the Services;
ii. If we suspect that you have or might on-sellour Services to other consumers;
iii. if we suspect yourengagement with us including the purchase of our Services is fraudulent, orsuspect credit card or payment-related fraud;
iv. if we suspect you haveinfringed any of our intellectual property rights; or
v. if there is an error inyour account.
4.2 We will immediately notifyyou by email of any cancellation. Anycancellation made by us may result in the forfeiture of payment made by you atthe time of cancellation. For theavoidance of doubt, any decisions regarding credit to be provided by us to is atthe absolute discretion of us.
4.3 Any cancellations made byyou after 72 hours from the time of purchase may at our discretion, result inthe forfeiture of payment. Contact: enquiry@mycareercapital.com.
5. Intellectual Property
My Career Capital and or its licensors own all theintellectual property rights including any and all beneficial and legalownership and intellectual and industrial protection rights throughout theworld, both future and present, including rights in respect of or in connectionwith any copyright (including future copyright and rights in the nature of or analogousto copyright), moral rights, inventions (including patents), trademarks, logos,photographs, graphics service marks, designs, circuit layout and performanceprotection (whether or not now existing and where or not registered orregistrable) and includes any right to apply for the registration of such rightand all renewals and extensions connected with the Platform, our Services or MyCareer Capital generally.
6. Limited License
6.6 We grant you a limited andnon-exclusive license only to access and make personal use of the Platform.
6.7 This limited license doesnot give you the right to:
a. make use of the Platform orany material on the Platform or its associated websites and social mediaplatforms other than for personal use;
b. download or modify the Platformor its associated websites and social media platforms or its contents;
c. republish material from thePlatform or its associated websites and social media platforms;
d. sell, rent or sub-licensematerial from the Platform or its associated websites and social mediaplatforms;
e. create any derivative workbased upon the Platform or its associated websites and social media platformsor any material contained in the Platform or its associated websites and socialmedia platforms;
f. exploit material from the Platformor its associated websites and social media platforms for a commercial purpose;or
g. redistribute material fromthe Platform or its associated websites and social media platforms.
7. Limited Warranties
7.1 We do not make any representations or warrantiesof any kind related to the Platform orthe materials contained on the Platform
8 Limitation of Liability
8.1 My Career Capital will notbe liable to you to the extent permitted by law in respect of any losses arisingout of any event beyond our reasonable control.
8.2 My Career Capital shall notbe held liable for any event arising out of or in any way connected with youruse of the Platform including the Services.
8.3 My Career Capital shall notbe held liable for any indirect, consequential or special liability arising outof or in any way relating to your use of the Platform including the Services.
8.4 You agree that you will notbring a claim against any of or our officers, agents, employees or shareholdersin respect of any loss, expense costs or liabilities whatsoever you may sufferin connection with the Platform, the Services or these Terms and Conditionsincluding the Privacy Policy.
8.5 Nothing in these Terms and Conditionsexcludes or limits your statutory rights as a consumer or our liability for:
a. fraud;
b. death or personal injurycaused by our Breach of Duty; or
c. any breach of theobligations implied or guaranteed by law including Schedule 2 of the Competitionand Consumer Law Act 2010 (Cth) or equivalent State or Territory laws (“AustralianConsumer Law”).
8.6 Notwithstanding any of theabove, in the event of any action being taken against us or any of itsofficers, employees, agents or shareholders the amount of liability shall belimited to the Services, the value of which is to be determined by us.
9 Indemnification
9.1 You hereby indemnify andwill keep indemnified My Career Capital to the fullest extent from and againstany and/or all liabilities, costs, demands, causes of action, damages andexpenses arising as a consequence of your use of the Platform including any purchases or communications madeusing this Platform or these Terms and Conditionsgenerally.
10 Breaches
10.1 Without limitation to ourrights under these Terms and Conditions, if you breach these Terms and Conditionsin any way, directly or indirectly, caused by us or any employee or consultantany others or if we reasonably suspect that you have breached these Terms and Conditionsin any manner or form, we reserve all of our rights to make any Platform forinjunctive relief, or otherwise or issue any legal proceedings without noticeto you.
11 Assignment
12.1 You hereby agree that wemay assign, transfer, sub-contract or otherwise deal with our rights and/orobligations under these Terms and Conditions.
12.2 You shall not assign,transfer, sub-contract or otherwise deal with your rights and/or obligationsunder these Terms and Conditions.
12 Severability
12.1 In the event that any termor condition contained in these Terms and Conditions is found to be void orvoidable by reason of any statute or rule of law or equity, then that term or conditionwill be of no force or effect and will be severed from these Terms and Conditionswithout affecting the validity and enforceability of the remaining Terms and Conditions.
13 Governing Law andJurisdiction
13.1 These Terms and Conditionsshall be governed by and interpreted in accordance with the laws of Victoriaunless agreed between the parties in writing.