Aced It Co Pty Ltd (ACN 638 246 616) (“Aced It”, or “we”, “us” and “our”) is incorporated in Australia and provides mentoring, career coaching and related services (“Services”) to individuals and organisations (“Customers”). We provide Services to individuals both directly and via member organisations such as university, education institution, student societies and accreditation bodies.
References to “you” in these Terms refer to a visitor to our website or a Customer.
We provide information to visitors to our website, and to our Customers during the delivery of our Services, which may include written and verbal information, data, text, graphics, photographs, computer code and other material, delivered via our website and the internet, email and telephone correspondence, interviews and meetings, and other means (collectively “Content”).
By accessing our website in any manner, using our Services or receiving Content, you agree to be bound by these Terms. If you do not agree to these Terms, you are not authorised to access our website, use our Services or receive our Content.
In accessing our website, using our Services or receiving our Content, you must not:
violate any applicable laws or regulations, or use the website or the Services for any purpose that is unlawful;
upload, link to, introduce or otherwise distribute any information, material or item which contains a virus, Trojan horse, worm, logic bomb, spyware, malicious code or any other harmful or disruptive component;
circumvent the website’s structure, presentation or navigation function so as to obtain information we have chosen not to make publicly available through the website;
impersonate or falsely claim to represent a person or organisation;
collect or store personal data about other users of the website or our Customers;
transmit any unsolicited advertising or promotional materials, or any other forms of solicitation, unless expressly authorised by us;
attempt to modify, reverse engineer, or reverse-assemble any part of the website; or
engage in any other conduct that inhibits any other person from using or enjoying the website or our Services, or that we consider, in our absolute discretion, to breach these Terms;
You must ensure that all of the information you provide to us is, to the best of your knowledge, current, accurate and complete.
You acknowledge and agree that the Content, including information on our website and provided to you through our Services, does not, under any circumstances, constitute legal or professional advice. You should seek your own independent advice before acting or refraining from acting on the Content.
You are not required to register to use our website. However certain features and Services may only be available if you do register an account with us or become a Customer.
You must keep any user name and password that is allocated to you confidential, and promptly notify us if you suspect any unauthorised use of your user name and password. Unless you so notify us, we may assume that anyone using your user name and password is you.
You acknowledge that we are the proprietor, or an authorised licensee, of all intellectual property rights in relation to the Content and the Services. You may not reproduce or replicate any part of the Content or the Services, or the layout or design of our website.
This website is provided for personal use only. You agree not to make any use of this website for commercial gain.
You may download and view content, or print a copy of the material on the website or the Content provided to you during the provision of our Services, for personal, non-commercial use, provided you do not modify the content in any way, including by removing any copyright or trade mark notice.
All trade marks and logos displayed on the website are the property of their respective owners and are protected by applicable trade mark and copyright law.
Except as provided in these terms, permission to use or copy our website, the Content or our Services for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
Warranties and Liability
We use our best endeavours to ensure the accuracy of the Content, however, we assume no responsibility for any errors or omissions of the Content.
If you are accessing our website or Services using a mobile device or phone, some of the Content may be limited or restricted.
Some of the Content may be based on information made available by third parties. While we endeavour to ensure this website accurately reflects the information made available by such third parties, errors may occur and those third parties may modify that information without notifying us. As a result, we cannot guarantee that this information is always accurate, up-to-date or complete.
We do not warrant or guarantee:
the accuracy of the Content;
that the Content will be free from viruses (including malware or spyware) or other destructive properties;
that the operation of our website or provision of Services will be uninterrupted or error free; or
your use of our website or Services will result in an internship or employment placement.
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by law.
In particular, and without limiting the above paragraph:
while we endeavour to provide convenient and functional Services, we do not guarantee that that your requirements will be met or that your use of the Service will be uninterrupted, error free or that the Services are free of viruses or other harmful components; and
we cannot be responsible for any loss, corruption or interception of data sent to or from our website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
However, nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
Subject to our obligations under any guarantee, warranty, term or condition implied or imposed under the Australian Consumer Law or any other applicable legislation which cannot be excluded (a “Non-Excludable Provision”), and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms or their subject matter whether in contract, tort (including without limitation negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD$20.
Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
special, indirect, consequential, incidental or punitive damages; or
damages for loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data,
whether in contract, tort (including without limitation negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
You indemnify us, our employees, agents, sub-contractors and officers from and against any losses or claims arising out of or in connection with your breach of these Terms, the violation or breach of any laws, or the infringement of the rights of any third party.
Our website and correspondence with you may contain links to other third party websites, and also advertisements which include embedded links. We make no guarantee as to the content, functionality or accuracy of any third party websites and are not responsible for the content or accuracy of any off-site pages or linked websites. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement, unless stated otherwise.
Our website is linked to various social networking sites, including Facebook, LinkedIn, Twitter and Instagram. You acknowledge and agree that:
any comments or content that you post on such social networking sites through a link provided on our website, are subject to the terms and conditions of that particular social networking site;
you will not post any comments that are false, misleading, deceptive or defamatory to us or our employees, agents, sub-contractors or officers, or which may damage our reputation; and
we are not responsible or liable for any comments or content that you or other website visitors or Customers post on social networking sites.
You may provide links to our website. While you may use the name Aced It in the text of any such link, you may not use the Aced It logo or any of our other trade marks without our prior written consent. You must not frame this website, or represent or imply that any part of this website belongs to anyone other than us. If we notify you that we object to the manner in which you provide links to this website, you must immediately cease providing such links. Any website from which you create a link to our website must not contain any illegal, offensive or distasteful material, including (but not limited to) material that promotes harassment or discrimination.
Infringing or Objectionable Content
If you believe the Content or our Services contain elements that are objectionable, or infringe copyright or any other rights, please contact us via email at firstname.lastname@example.org.
Modification and Cessation
We may amend, remove, alter or vary any of the Content at any time, without prior notice to you.
We reserve the right to cease or terminate your access to the Content or our website and any of its features, or cease providing you access to the Content or our Services, at any time, without prior notice to you.
We may at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under these Terms to any person.
You may not assign or transfer any of your rights or obligations under these Terms without obtaining our prior written consent.
These Terms may be amended, including with changes, additions and deletions, from time to time. The most recent version of these Terms will be made available on our website. You agree it is your responsibility to ensure that you are aware of the current Terms, and that your continued use of our website and Services is contingent on your acceptance of our current Terms.
These Terms were last revised on 3 January 2020.
If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Terms, and any dispute or claim arising out of, or in connection with them, will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably agree that the courts of Victoria, Australia will have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms.
Nothing in these Terms limits or excludes any liability you or we may have in connection with any representations or other communications (either oral or written) made prior to or during the delivery of the Services to you, where such liability cannot be limited or excluded. Subject to the foregoing, these Terms constitute the entire agreement between us and you in relation to our website and provision of our Services to you, and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the subject matter.
No waiver, delay or failure by you or us to take any action will constitute or be construed as a waiver of that or any other term, condition, option, privilege or right you or we may have.
The word “including” when used in these Terms is not a term of limitation.