Terms and Conditions
a)This Web Site (the "Site") is an online information, career management/outplacement assistance service provided by Associated Career Management Australia (the "Company"), and is subject to your compliance with these Terms and Conditions as set forth below. These Terms and Conditions form the basis for the contractual engagement of the Company's assistance services (online or otherwise), whether by way of any third party contractual agreement, written or oral agreement, on Site registration or any other instruction or advice, and shall be binding on all natural persons, organisations and/or corporate entities and their representatives alike.
b)These Terms and Conditions are binding on all enquiring persons/entities and Licensed Users alike.
c)A "Licensed User" (participant or participating person) is defined as a natural person who the Company has granted access to its online Career Management System (known as "Career Talk"), following their registration on the Site and unqualified acceptance of these terms and conditions.
d)The ACMA Online Career Management System, "Career Talk", is the proprietary learning and development system that forms part of the Site and accessed via the CLIENT AREA tab by licensed users only.
e)Please read this page carefully...contractual engagement of the Company's assistance services (refer Preamble a)) by any natural persons, organisations and/or corporate entities and their representatives alike (online or otherwise, as above) is, in fact, a Common Law contract for the provision of Professional Services and represents an automatic acknowledgement, acceptance of and consent to these Terms and Conditions by all and any (directly or indirectly) interested or involved party or parties.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE SITE OR THE COMPANY'S ASSISTANCE SERVICES (ONLINE OR OTHERWISE).
f)Contractual engagement of the Company's assistance services (refer Preamble a)) immediately creates unique legal, ethical and long term obligations/liabilities, including Duty of Care, and risk on the Company, its employees and consultants (do not equate engagement of the Company's assistance services as being the same as the purchase of a physical piece of equipment or hiring a tradesperson etc....as it is not). The clinical relationship between the participating person/s and counsellor/consultant is separate from the original commercial contract created to engage the Company's assistance services (online or otherwise) in the first instance.
g)This page states the Terms and Conditions under which you may use the Site and assistance services offered and supplied by the Company through the Site (online or otherwise). The right to use any assistance services offered by the Company is specific to the individual, organisation and/or corporate entity, and is not transferable to any other person, organisation and/or corporate entity.
h)The Company reserves the right to change or modify the Terms and Conditions applicable to the Site and its associated assistance services, or to impose new Terms and Conditions without notice.
i)The Company is the sole proprietor, primary developer, originator and manager of its' programs, systems and methods. Engagement of the Company's assistant services DOES NOT transfer ownership or imply the transfer of any legal rights whatsoever to other persons, organisations and/or corporate entities. The conduct of any career management assignment is based on the ACMA case management process with the final design, implementation and delivery process of the program always under the sole discretion and professional expertise of the Company.
j)The Company provides a safe and professional environment for both prospective and active program participants. All prospective and/or active licensed users, plus any other interested parties (a natural person, any business, organisation, corporate entity and/or related third party) are expected to interact with the Company's personnel in a professional, polite and non-threatening manner, and in accordance with prevailing community workplace conduct standards and laws.
k)In the event of any contractual or interpretational conflict that may arise between any interested party/s and the Company, then these Terms and Conditions will automatically override, take precedence and prevail over all others, including both written contracts and/or oral agreements (refer Sections 14a, 15a & 15b).
l)Any interested stakeholder or a licensed user consents to receive communications from the Company electronically. The Company will communicate with a licensed user by email (using the email address provided to the Company either during the registration process or when updating the licensed user's email address) or by posting notices on the ACMA Career Management System. The licensed user agrees that all agreements, notices, disclosures, and other communications that the Company provides electronically satisfy any legal requirements that such communications be in writing. In addition to, but not in limitation of the foregoing, any notices from interested stakeholders with the Company shall be given by email.
Section 1. Licensed User Obligations including Payment of Fees, Third Party Involvements, Use of Material, Copyright and Site Login
a)On accessing the Career Management System a licensed user is authorised to view, copy and/or print a single image of all material and resources solely for their personal and non-commercial use. Special rules may apply to the use of certain software and other items and program resources provided on the Site.
b)The granting of access to the Company's online Career Management System (via the Site) to a licensed user gives immediate unrestricted usage of the Company's proprietary systems and intellectual property consisting of detailed assessments, psychometric tests, manuals, unique job search tools, secure internal communication facilities, multiple systems and social media interfaces, recording databases, technical information library, professional career management processes and methods, unlimited ongoing consultant advice, support and monitoring, plus much more. This action of the Company in granting access to the licensed user to the Career Management System represents full discharge of the Company's contractual obligations to the licensed user and any other interested or involved party or parties.
c)A licensed user unconditionally agrees to become "the guarantor of last resort" for the full payment of all fees (as specified in clause Section 11j1). This applies irrespective of any third party/s involvement or prior commitment to the licensed user to fund or pay the fees on their behalf, plus any similar promise to the licensed user to refund the fees to the licensed user. Such arrangements are deemed to be a contractual agreement solely between the third party/s and the licensed use only. Any such arrangements do not infer or incur any contractual or common law or vicarious liability or involvement on the Company whatsoever. A licensed user's personal or third party payment arrangements/methods are entirely their own responsibility.
d)A licensed user agrees to use the services offered by the Company in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights. The Company prohibits conduct that might constitute a criminal offence, gives rise to civil liability or otherwise violates any law. Any activity that restricts or inhibits any other user from using the services of the Company is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on the Site.
e)The contents of the Site, such as text, graphics, images and other material ("Material"), are protected by Australian and foreign copyright and trademark laws. Unauthorised use of the Material by a licensed user (or any other third party) may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute to any unauthorised third party, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
f)Licensed user login obligations: the Site requires you to register and/or obtain and use a username and/or password for use. In any such case, you are solely responsible for the confidentiality of the username and/or password and for any activity that occurs under your account. You must never give, display, distribute or allow another individual, organisation and/or corporate entity to use or have access to your login details to the Site.
g)The relationship between a licenced user and the Company is strictly private in nature and actions. Accordingly, a licensed user agrees not to disclose or publically comment about or criticize the Company's systems, methods or any other aspect of the Company's assistance services without first obtaining written permission from the Company.
h)If a licensed user violates any of these Terms and Conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material, close your Login and immediately desist from using or accessing the Site.
i)Use of the Site is a privilege. The Company (at its sole discretion and judgement) may declare a licensed user to be a "moral risk" and exclude them from access to the Site, but still continue to provide ongoing career transition management assistance.
j)Any advice provided to a licensed user (either written, verbal or supplied resources) is private and privileged in nature and cannot be discussed or shared with any other person or party without written consent from the Company.
Section 1.1 Program-specific Scope and Conditions.
a)The Company does not give any guarantee of assistance program outcomes or success factors.
b)The Appointment Agreement (written or oral) is enduring and cannot be cancelled by either party, except for breach of contract.
c)The assistance program is delivered via a case management process, using a blended career transition management/learning system.
d)The assistance program contract does not cease until 12 months after the commencement of the participant in their new position/or next promotion.
e)It is the responsibility of the participating person to comply with all assistance program instructions/structures and formats, plus complete all tasks in a timely and accurate manner...starting with the Module 1 Assessment Workbook.
g)Where a program is funded or promised to be by a third party (a natural person, any business, organisation, corporate entity and/or related third party) the person, entity and/or its responsible officers will provide all reasonable initial and ongoing unimpeded assistance, support, consideration, accurate and salient information to the Company to enable completion of the contract. Plus, refrain from any intervention or interference and ensure complete compliance with these Terms and Conditions by all involved parties. If applicable, also provide adequate on-site facilities (including reliable internet access) and safety to the Company and/or its consultants.
h)Where a program is funded by a third party (a natural person, any business, organisation, corporate entity and/or related third party) and Reach Out support or similar services are provided by the Company to a transitioning person/s, then this will be treated as an actual binding engagement of the Company's assistance services and will attract the same fee structure as specified in Section 11b (Reach Out support is not a "stand-alone" service and forms an integral part of our Outplacement assistance program).
Section 2. Commercial Use of Material including, Copyright &/or Third Party enquiry.
a)The Company does not authorise the use of any textual and/or graphical material on the Site for commercial/non-commercial use, gain or personal reasons under any circumstances. The Company has developed a range of services, systems and intellectual property that are valuable and remain the sole property of the Company.
b)All Material, systems and methods on this Site and/or related sites are subject to strict copyright and may not be linked, given or distributed in any format (including "word of mouth") to an unauthorised third party (natural person, organisation and/or corporate entity).
c)Any third party (natural person, organisation and/or corporate entity) wishing to enquire about the Company programs services/scope must do so in writing. Any undeclared or disguised approach for information may be deemed as either theft by deception or conspiracy to defraud and will be vigorously prosecuted in every instance.
Section 3. The Company's Liability.
a)The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material. Use of the Site and the Material is at your own risk. Changes are periodically made to the Site and may be made at any time.
b)The Company does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses and other harmful goods or conditions. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
c)The Site and Material are provided on an 'as is' basis without any warranties of any kind. The Company and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for a particular purpose. The Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics and links.
d)All information displayed on the Site (including blogs) is not advice and should not be construed or used as such...it is simply promotional material and general in nature. No warranty is given or implied as to the accuracy or appropriateness of any information, statements and/or consequences...the information displayed will not be applicable to everyone viewing the Site.
Section 4. Disclaimer of Consequential Damages.
a)In no event shall the Company, its suppliers, or any third parties mentioned at the 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 the Site and the Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
Section 5. User Submissions.
a)Any communication which you post to the Site or transmit to the Company or to the Site by e-mail or other media can be used by the Company on a royalty-free, perpetual, irrevocable, nonexclusive license with the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
b)As a licensed user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive hateful, or embarrassing to another user of the Site or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
c)The Licensed User takes sole responsibility for the suitability, compatibility and maintenance of their own computer systems (both software and hardware), including proper anti-virus protection. The Company does not take any responsibility for the suitability or otherwise of the User's software, hardware or equipment, and does not guarantee in any way whatsoever the connectivity to the Company's systems.
d)The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Site or endorse any opinions expressed by users of the Site. You acknowledge that any reliance on material posted by other users of the Site will be at your own risk.
e)The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Site. If notified by a user of communications which allegedly do not conform to this agreement, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users of the Site for performance or nonperformance of such activities. The Company reserves the right to expel users of the Site and prevent their further access to the Site for violating this agreement or any law or regulation.
f)The Company reserves the right (without notice and at its sole discretion) to remove any communications from the Site or related sites which are unacceptable to the Company, are abusive, illegal, disruptive or those that may offend prevailing community standards.
Section 6. Links to Other Sites.
a)The Site contains links to third-party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites.
b)The Company is not responsible for the content of linked third-party Web sites and does not make any representations regarding the content or accuracy of material on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 7. Software Licenses.
a)All software that is made available for downloading from the Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such Software ("License Agreement").
b)The downloading and use of such Software is conditional on your agreement to be bound by the terms of the License Agreement.
Section 8. Limitation of Liability.
a)Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for the Company to you for all claims arising from the use of the Materials (including Software) is limited to $100.
Section 9. Indemnity.
a)You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or third party demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) in violation of these stated Terms and Conditions.
b)You agree to indemnify the Company, its officers, directors, employees and agents for all reasonable legal and accounting fees, travel costs and/or out of pocket expenses incurred by the Company in either enforcing or defending any legal action instituted in relation to any alleged non-compliance or breach of contract in relation to these stated Terms and Conditions.
Section 10. User Information.
Section 11. Fee for Service STATEMENT.
a)The Company is a privately owned organisation providing career management/outplacement assistance services for a specified fee (refer Section 12(c)) and does not offer marketing enticements such as a free consultation, try before you buy, promotional discounts or any other like unethical inducements.
Note: Charges for meetings, assignment scoping, onsite attendance and travel costs are not included in the specified fees (for these charges refer Sections 11l and 11m).
b)From time to time the Company performs pro bono work as agreed by management. In all other circumstances when the Company's assistance is contracted (by way of either written or oral agreement, on Site registration or any other instruction or advice as specified in the Preamble section of these Terms and Conditions) including but not limited to counselling or advice given; initial reach out support process; discussions or meetings conducted and/or any other level of assistance or action whatsoever provided (via oral, written, telephonic, digital or any other medium or format) to natural persons, organisations, corporate entities and/or related third parties; then any of these contractual actions will automatically attract a fee based on the current specified fee structure prevailing at the time.
c)Where notice of a conditional (refer Section 11g) or delayed engagement (for the benefit of another person/s) is given to the Company by a natural person, organisation, corporate entity and/or their representatives, then any such notice will be treated as an actual binding engagement of the Company's assistance services and will attract the same fee structure as specified in Section 11b.
d)Where a natural person, organisation, a corporate entity and/or their representatives commits to provide the Company's assistance services (for the benefit of another person/s), it will be deemed to constitute a binding third party contractual engagement of the Company's assistance services, which will attract the same fee structure as specified in Section 11b.
e)Any commitment or action by a natural person, organisation, corporate and/or entity and their representatives (either directly or indirectly) that puts the Company on risk (knowingly or unknowingly), will attract the same fee structure as specified in Section 11b.
f)The Company reserves the right to "Fee Bank" on behalf of participants where the Company's assistance services are funded by a third party.
g)The Company charges a flat all-inclusive fee structure and does not: accept commissions; enter into any conditional, performance, activity linked or success fee/KPI based arrangements or assignments; enter into any commercial referral relationships or offset agreements (refer Section 11a and 12c).
h)The Company reserves the right to amend its specified fee structure or quotation if an assignment substantially and materially varies in the description, scope and/or complexity from its original description (willfully or otherwise) after the engagement of the Company's assistance services. Revised documentation and/or invoices will be issued that accurately reflect the variation and the "true and fair" value of the assignment. Any breach of contract in relation to these Terms and Conditions directly alters the scope and complexity of an assignment, and will automatically be treated as a variation by the Company.
i)Fees are payable in advance of assistance service in accordance with the Company's specified payment options prevailing at the time (any variation must be authorised in writing by a senior management executive of the Company) (refer Section 15a).
j)Liability for outstanding fees or reimbursements to the Company shall be the personal responsibility of all natural persons, organisations and/or corporate entities and their representatives involved in any stage of the engagement of the Company's services.
j1)Any participant becoming a licensed user (by registering on the ACMA Career Management System) in the anticipation of their fee/s being paid/funded by a third party, bears the total responsibility/liability for any unpaid fee/s on default by the third party, irrespective of the reason for the default (refer clause Section 1b). At all times the primary commercial liability is between the licensed user and the Company (refer Section 1, clause 1c). The Company is not a party to any agreement or arrangement between a licensed user and third party/s, such agreements or arrangements represent a contract solely between the licensed user and third party/s (refer Section 1, clause 1c).
k)Any unpaid fees or reimbursements in excess of specified invoice trading terms shall automatically incur a flat 15% additional fee.
l)All local, interstate or international "out of pocket" travel expenses are charged on an "at cost basis only", and are accounted for separately from ordinary prevailing "program or non-program" professional fees. Hourly professional fees based on the Junior Barrister rate published at the time on http://www.legallawyers.com.au/legal-topics/law-firm-sydney/solicitor-prices/ will apply for attendance at any local, interstate or international site, and are fully chargeable for time involving travel, preparation, research and advice hours (refer Section 11j).
l.1)In the event of a post-appointment onsite attendance cancellation, change of timing or venue/location, then any additional "out of pocket costs" or additional consultant's costs incurred by the Company will be chargeable in accordance with Section 11l.
m)In the event of the Company's services being engaged on a non-program basis, hourly professional fees will apply based on the Junior Barrister rate published at the time on http://www.legallawyers.com.au/legal-topics/law-firm-sydney/solicitor-prices/ and are fully chargeable for time involving travel, preparation, research and advice hours, plus all reasonable "out of pocket" travel and/or accommodation expenses incurred (refer Sections 11j, 11l).
n)Fees do not include costs for website development or video production, recommended courses or qualifications, or any additional prescribed reading texts/material. If required, these costs are to be borne by the individual participants.
o)1.90% charge applies to debit and credit card payments, plus American Express.
p)Any overdue debit and credit card instalment plan payments will automatically incur a flat 15% additional fee.
DO NOT PROCEED WITH ANY FURTHER INTERACTION WITH THE COMPANY UNLESS YOU ACCEPT THIS FEE FOR SERVICE STATEMENT!
Section 12. General.
a)The Site is based in Melbourne, servicing throughout Australia and overseas. The Company makes no claims that the Materials are appropriate or may be downloadable outside of Australia. Access to the Materials (including Software) may not be legal by certain persons in certain countries. If you access the Site from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This agreement is governed by Australian Federal and Victorian State laws as applicable (refer Section 12f), without respect to its conflict of laws principles. If any provision of this agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or Material on particular pages of the Site, this agreement constitutes the entire agreement between you and the Company with respect to the use of the Site, plus all Company assistance services (online or otherwise).
b)Any reference on the Site or other promotional material to the "hidden job market" should not be construed as access to current or future job openings, any key personnel or employers (refer Section 12c).
c)The Company provides specialist career management and outplacement assistance services only; is not a recruiter, government job agency, training organisation, search/placement business, life coach, secretarial/typing/proofreading service or migration agency. The Company does not have expertise in immigration, business/financial management, psychiatry/psychology or any similarly related discipline, industrial law, Australian or international law (income is solely derived as specified in Section 11).
d)The Company does not warrant that its assistance services (online or otherwise) are suitable for all individual, organisation or corporate needs and circumstances. Prospective individual and/or corporate clients are responsible for performing their own due diligence prior to engaging the Company's assistance services. The scope of the Company's assistance services is set out on this website. To obtain additional information click INFORMATION KIT.
e)"Force Majeure" may be declared on any contract in the event of exceptional circumstances outside the control of the Company.
f)The engagement of the Company's assistance services (online or otherwise) is governed by and in accordance with the laws of the State of Victoria, Australia (also refer 12a); and all parties agree to submit to the exclusive jurisdiction of the Courts of Victoria, Australia.
g)The Company is an evidence-based practice and does not meet with or provide advice until the participating person has been formally assessed by the Company's Module 1 Assessment Workbook process, via the Site.
h)To access any of the Company's services (online or otherwise) a person must be 18 years of age, or older.
i)The Company maintains shared meeting facilities at designated office locations throughout Australia/NZ. Face to face meetings (only applicable to full program participants...Payment Options 1, 2, 3, 4 and all outplacement clients) are conducted on a pre-arranged appointment basis only at these office locations ("drop-in facilities" are not provided) or any other venue as mutually agreed, and only after completion of the Module 1 Assessment Workbook. The timing and arrangement of any meetings will be at the sole discretion, convenience and choosing of the Company.
j)All or any information supplied to the Company by program participants, companies/organisations and/or related third parties (both post and pre-engagement of the Company's assistance services) must be accurate and correct. The Company does not conduct validation checks and relies solely on the participants or related third party's candour and "good faith" in relation to the truthfulness and bona fides of both written and verbal information supplied via any manner, source or media. Critical, relevant, salient or vital information omitted, altered, overlooked, partly disclosed, misrepresented or withheld (willfully or otherwise) is deemed to be in breach of this clause.
k)The quality, relevance, accuracy, format and timing of job applications and/or like documents are the sole responsibility of the program participant.
l)Although all due care is taken and genuine online debate encouraged, the Company is not responsible for any third-party postings on the Site such as blogs or any indirect postings via similar forums. The expression of individual opinions, wants or requirements is a reflection of an individual's private thoughts and feelings only and not that of the Company.
m)The primary mode for all communications is via the ACMA private email and SMS systems.
n)Tender and quotation documents and supporting information are a confidential interaction between the Company and a prospective client/s. Accordingly, all involved party/s must act in a reasonable way to protect the Company submissions/intellectual property, and not to share or directly provide access to this information to a competing tenderer or supplier.
o)All advice and resources supplied to a third party/s as part of an unsuccessful tender/quotation process will at all times remain the intellectual property of the Company and are subject to strict copyright and confidentiality conditions that forbid their unauthorised use under any circumstances. Involved party/s are required to permanently delete all electronic files and communications, plus shred all hard copy documents including printouts within 24 hours of tender/quotation finalisation.
Section 13. Severability.
a)These Terms and Conditions will be enforced to the fullest extent permitted by applicable law (refer Section 12f). If anything in these Terms and Conditions is unenforceable, illegal or void, then it is severed and the rest of the Terms and Conditions remain in force.
Section 14. Entire Agreement.
a)These Terms and Conditions constitute the entire agreement between the Company and other parties concerning the subject matter of these Terms and Conditions and supersedes all previous communications, representations, inducements, undertakings, agreements or arrangements made by the Company, its employees and/or consultants (refer Section Preamble h).
b)If you wish to notify the Company about anything relating to these Terms and Conditions please contact us on email@example.com
Section 15. Changes or Variations.
a)No changes or variations to these Terms and Conditions will be negotiated or accepted.
b)The Company and its authorised representatives accept responsibility ONLY within the specified scope and framework of these Terms and Conditions (refer Section Preamble h).