The information linked from the URL myfuture.edu.au (Site) is subject to the following Terms and Conditions. By accessing or browsing the Site, or by continuing to do so, you accept these Terms and Conditions. If you do not agree to any of the Terms and Conditions, you should not continue to use the Site.
1. While Education Services Australia has established quality assurance procedures to ensure that all material on this Site is governed by high standards of currency and accuracy, to the extent lawful, Education Services Australia does not make any warranties or representations about the accuracy and currency of the material on this Site.
2. This Site has been established to provide you with information about career options, but does not make any recommendations or provide any advice in relation to career options. You should not rely on the information contained in this Site and Education Services Australia recommends that you contact the relevant educational institution or professional or trade organisations before making any decisions about your career.
3. This Site contains material which is subject to copyright and other intellectual property rights (Intellectual Property Rights) owned by or licensed to the Commonwealth of Australia (the Commonwealth) or owned by or licensed to Education Services Australia. In relation to the material available on this Site in any form including, without limitation, software, documents, text, images, full motion video and sound (Material), you:
(a) may view, copy, print and distribute the Material in electronic or other forms only for educational purposes. If you do, you must retain and copy in full all Intellectual Property Rights notices on the original Material;
(b) must not use or distribute the Material for any public or commercial purpose; and
(c) must not infringe the Intellectual Property Rights of the Commonwealth or Education Services Australia or their licensors including by amending or adapting any Material or reverse engineering any Material consisting of downloadable software.
4. Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.
5. In using or continuing to use the Site you may give us information which is capable of identifying you (Personal Information). The Privacy Act 1988 gives you certain rights in respect to Personal Information. By using the Site you grant the Commonwealth and Education Services Australia the right to use your Personal Information in accordance with the myfuture.edu.au Web Site Privacy Statement (Privacy Statement) and any relevant Information Privacy Principle 2 (IPP2) notice which is provided at the time Education Services Australia collects the information. You also acknowledge that these Terms and Conditions of use are subject to the Privacy Statement and any relevant IPP2 notice. Please click on this link to view the Privacy Statement.
6. The Site may contain material uploaded, posted, e-mailed or otherwise electronically transmitted (Posted) by users of the Site, including you (User Content). User Content may include Personal Information. The Commonwealth and Education Services Australia do not monitor or exercise editorial control over User Content, however, the Commonwealth and Education Services Australia reserve the right:
(a) to access or examine any User Content; and
(b) at their absolute discretion, to move, remove, permanently delete or disable access to User Content which is in breach of any law or considered by the Commonwealth or Education Services Australia to be otherwise unacceptable.
7. By Posting any User Content to the Site you agree to indemnify the Commonwealth and Education Services Australia and all of their employees and officers from any loss suffered by them as a result of any lawful use of or reliance on such User Content.
8. You acknowledge that the Commonwealth or Education Services Australia may remove User Content in accordance with guidelines which may be developed by Education Services Australia from time to time. You agree that the Commonwealth and Education Services Australia have no responsibility or liability for the deletion or failure to store any User Content, communications or other content maintained or transmitted on the Site. You acknowledge that the Commonwealth and Education Services Australia reserve the right to log off accounts that are inactive for an extended period of time in accordance with guidelines which may be developed by Education Services Australia from time to time. You further acknowledge that the Commonwealth and Education Services Australia reserve the right to change the guidelines at any time, with or without notice.
9. In relation to any User Content Posted by you, you:
(a) warrant that the User Content is not confidential or owned by any other person;
(b) warrant that the receipt, use, storage, reproduction, modification, adaptation or publication of the User Content by the Commonwealth or Education Services Australia is not illegal or defamatory and will not expose the Commonwealth or Education Services Australia to any civil or criminal liability;
(c) warrant that the receipt, use, storage, reproduction, modification, adaptation or publication of the User Content by the Commonwealth or Education Services Australia is not misleading or deceptive or likely to mislead or deceive and will not expose the Commonwealth or Education Services Australia to any civil or criminal liability;
(d) license the Commonwealth and Education Services Australia to use, reproduce, modify, adapt, publish, sublicense, create derivative works from and incorporate in other works that User Content at any time in the future in any form and for any purpose and warrant that you have the right to grant this licence, provided that Personal Information may only be used by the Commonwealth or Education Services Australia in accordance with the Privacy Statement and any relevant IPP2 Notice; and
(e) indemnify the Commonwealth and Education Services Australia for any breach of the warranties contained in paragraphs (a) to (d) inclusive.
10. To assist in your use of this Site, you may ask a person you know and trust to be your mentor. Your mentor could be a career guidance counsellor from your school, a teacher, a parent or a friend. If you give your mentor your User ID, this will enable your mentor to access the information you provide to this Site. Please be aware that if you do so, the Commonwealth and Education Services Australia cannot control how your mentor uses your information. The Commonwealth and Education Services Australia do not accept any responsibility for unauthorised use of your information by your mentor and exclude liability for all losses, costs, damages and expenses incurred or suffered by you arising from or in relation to your participation in the mentoring program.
11. Use of the Site is at your own risk. All express or implied warranties, representations, statements, terms and conditions relating to your use of the Site or any information or content available from the Site, not contained in these Terms and Conditions, are excluded from these Terms and Conditions to the extent permitted by law.
12. Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include statutory consumer guarantees implied by statute which operate to protect the purchasers of goods and services in various circumstances.
13. If any guarantee is implied into this agreement by statute and cannot be excluded, and the Commonwealth or Education Services Australia is able to limit your remedy for a breach of such a guarantee, then the liability of the Commonwealth or Education Services Australia for breach of the condition or warranty is limited to one or more of the following at the Commonwealth's or Education Services Australia's option:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
14. Subject to the Commonwealth's and Education Services Australia's obligations under the implied guarantees referred to in paragraphs 12 and 13, the Commonwealth and Education Services Australia exclude liability for all losses, costs, damages and expenses incurred or suffered by you under or relating to these Terms and Conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis.
15. You acknowledge that the Commonwealth or Education Services Australia may, in their absolute discretion and without penalty or notice:
(a) vary the Site or any part of the Site; and
(b) modify or discontinue this Site, any part of the Site and the services available on it.
16. To ensure that a person or organisation linked to this site is authorised to provide a course to students studying or proposing to study in Australia on a student visa, you must check that they are registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). That register is available on the website CRICOS.
17. The Commonwealth and Education Services Australia may not have reviewed any URL linked to or from any part of the Site which does not form part of the Site (Third Party Pages). The Commonwealth and Education Services Australia are not responsible for any content found on a Third Party Page, or any site of which it forms a part. You must determine whether any page is part of the Site each time you follow a link to that page.
18. The Commonwealth and Education Services Australia reserve the right to revise these Terms and Conditions at any time. You accept all such revisions by accessing any part of the Site or continuing to access it after that revision is posted on the Site.
19. This Site and any right or obligation under these Terms and Conditions is governed by the laws in force in the State of Victoria, Australia (other than the conflict of laws rules) and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia in respect of any action that arises under these Terms and Conditions.
20. The views expressed within myfuture do not necessarily represent the views of the Australian Government Department of Education, Employment and Workplace Relations.
These Terms and Conditions were last updated on 30 November 2012.