TERMS & CONDITIONS
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Terms and Conditions of Use
IMPORTANT! Please read the Terms and Conditions carefully. They contain important information about your rights and responsibilities when using the SearchEduTM service.
The SearchEdu TM service is offered to you (“You"), the person who registers for the Service, by Search Education Pty Ltd (ACN 39 606 519 420) of Suite 202/ 97 Pacific Highway, North Sydney, NSW 2060 ("SearchEdu") on the Terms and Conditions set out below.
In these Terms and Conditions:
- “Education Provider” means a University, Training and Further Education (TAFE) college or other tertiary educational institution in Australia.
- “Education Counsellor” means the education advisers who are employed by SearchEdu and named on the Website.
- "Service" means the service provided by SearchEdu comprising an education course searching and application service in Australia using the Website.
- “Website” means SearchEdu’s websites at the URL www.searchedu.com.au and searchedu.global.
2. Your Right to Use the Service
- Once you are registered on the Website you may use the Website for the Services.
- You may use the Website only for your own purposes or for a child or grandchild and must not use the Service on behalf of any third party or as part of any other service except with the prior consent in writing of SearchEdu.
3. Modification of the Service
SearchEdu may amend the design and/or functions of the Website at any time subject to the SearchEdu posting a notice about the amendments on the Website and/or by giving You notice by email. However, where the amendments are necessary to manage or maintain the security or integrity of the Service or Website, no prior notice will be required.
4. Fees and Charges
- There are no charges payable by You to SearchEdu for your use of the Service.
- You are responsible for and will indemnify the SearchEdu in respect of all application, tuition and related fees and charges payable to Education Providers.
5. Your Obligations
5.1 You must use the Service only in full compliance with all applicable laws and regulations.
5.2 You must not attempt to reproduce, modify, adapt, decompile, reverse engineer or disassemble the Website or the software that runs the Website.
5.3 You may not distribute, modify, transmit, post, or otherwise use the content of Website for any public or commercial purpose without our written permission of SearchEdu.
5.4 You must not use or upload via the Website any images, text, message, document or other material which:
(a) infringes the copyright, patent, trademark, trade secret or other proprietary right of any third party;
(b) violates any law, statute, ordinance, regulation or court order, including but without limitation, those relating to the privacy of personal information, official secrets, and anti-discrimination;
(c) is misleading or deceptive;
(d) is defamatory or libellous;
(e) is obscene, offensive, pornographic or indecent; or
(f) contains viruses, trojan horses, worms, time bombs or other similar harmful or deleterious programming routines.
5.5 You are solely responsible for the content of the images, text, messages and other electronic files uploaded to the Website from your account. The Website acts only as a passive conduit for the uploading of
Your images, text and other information and SearchEdu is not responsible for checking your content.
5.6 SearchEdu reserves the right, without any liability whatsoever to You, to view your images, text and other content uploaded to the Service, remove from its servers any of your images, text and other content and/or refuse You access to the Service if SearchEdu has reason to suspect that these Terms and Conditions may have been, or are being breached.
5.7 You must notify SearchEdu immediately upon becoming aware that your account has been accessed by any person or compromised in any way.
5.8 You are responsible for providing all hardware that You require in order to access the Website and use the Service.
6. Your Acknowledgement
6.1 You acknowledge that:
(a) You have solely relied upon Your judgement in determining whether the Service meets your particular requirements, and You have not relied on any statement or representation made by or on behalf of SearchEdu other than those contained in these Terms and Conditions; and
(b) SearchEdu will not be liable to You for any loss or damage You may suffer if the Website is temporarily not available or not working properly; and
(c) SearchEdu does not warrant that the provision of the Service or any part of the Website will be continuous or uninterrupted or error-free; and
(d) SearchEdu is not responsible for the accuracy or quality of advice given to You by an Education Counsellor; and
(e) SearchEdu is not responsible for the accuracy of information concerning Education Providers and their courses, which in most cases is provided to SearchEdu by the Education Providers themselves; and
(f) SearchEdu is not responsible for any breaches of privacy or unauthorised disclosures of your information by an Education Provider.
6.2 All intellectual property rights in the Website and the Service are owned by SearchEdu. The SearchEdu name, logo and trade mark is a trade mark of SearchEdu. Subject to the limited right of use set out in these Terms and Conditions, these Terms and Conditions do not convey any intellectual property rights in the Service or Website to You.
7. Warranty Disclaimer and Limitation of Liability
7.1 Where any applicable legislation or order of a Government authority implies any term, condition or warranty into these Terms and Conditions that cannot be legally excluded or modified then such term, condition or warranty will be deemed to be included in these Terms and Conditions. However, SearchEdu’s liability for any breach of any such term, condition or warranty will be limited, to the extent permitted by law, at SearchEdu's option, to the supplying of services again or the payment of the cost of having those services supplied again.
7.2 Except as expressly provided in the immediately preceding clause, all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating in any way to the Service are excluded.
7.3 In no event will SearchEdu or its suppliers be liable to You or any third party for any damages, losses or injuries, regardless of how arising, whether in tort (including negligence), contract or strict liability, resulting from:
(a) the loss, corruption or modification of any information, image, file or other document received, transmitted, displayed or stored using the Service;
(b) any failure or delay in the submission of an application to an Education Provider (or intermediary) created by You using the Service; or
(c) the advice given to You by an Education Counsellor.
7.4 Further, SearchEdu will not be liable to You for any remote, indirect, consequential, special or incidental loss or damage resulting from your use of the Service.
8.1 You indemnify and will hold harmless SearchEdu and its suppliers, directors and employees against any loss, costs, expenses, demands or liability, whether direct or indirect or consequential, arising from:
(a) any breach by You of these Terms and Conditions; or
(b) any claim made against SearchEdu by a third party arising from your use or use by other persons of the Service via your account.
9. Term and Termination
9.1 These Terms and Conditions come into force from the time that You first register on the Website for the Service and continue to apply to your use of Website and the Service.
9.2 SearchEdu may at any time immediately terminate your right to be provided the Service and the contract constituted by these Terms and Conditions, if:
(a) You breach these Terms and Conditions; or
(b) if You become insolvent; or
(c) if SearchEdu in its absolute discretion decides to cease providing the Service.
Such termination will not affect any rights of one party against the other which arose prior to the termination.
10. Amendment to these Terms and Conditions
SearchEdu may amend these Terms and Conditions from time to time by posting both a notice that the Terms and Conditions have been amended and a revised version of the Terms and Conditions on the Website or by providing other reasonable notice to You of the terms of the amended Terms and Conditions. It is your responsibility to check the current version of these Terms and Conditions on the Website before each use of the Website. Your continued use of the Service after amendment to the Terms and Conditions in accordance with this clause will constitute acceptance by You of the amended Terms and Conditions.
11. GeneralFor further information
11.1 If the whole or any part of these Terms and Conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
11.2 SearchEdu will not be liable for delays or inability to provide the Service due to causes outside of its reasonable control, including but not limited to, acts of God, labour disruption or interruptions to power supply or the operation of network or telephone lines.
11.3 You will not assign or transfer or attempt to assign or transfer the contract constituted by these Terms and Conditions, or any part of these Terms and Conditions, to any third party.
11.4 These Terms and Conditions are governed by the laws in force in New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning these Terms and Conditions.
11.5 These Terms and Conditions constitute the entire agreement of the parties about their subject matter and prevail over any statements made on the Website.