These terms and conditions form a legally binding Agreement between You and Us. You acknowledge and agree that these terms and conditions apply to Your access to, and use of, the CORPORATE PORTAL. BY CLICKING ON “I ACCEPT” BELOW OR In accessing or using the Corporate Portal, You acknowledge that you have read and understood, and agree to be bound by, these terms and conditions. If you do not accept these terms and conditions, then You must refrain from accessing AND using the Corporate Portal.
Amendments to terms and conditions
We reserve the right to amend these terms and conditions at any time.
Any amendments shall be effective immediately upon notification through the Corporate Portal. Your continued use of the Corporate Portal following such notification will represent an agreement by You to be bound by the terms and conditions as amended.
Each End User must be a Registered User.
It is a condition of each End User becoming a Registered User that the End User has been authorised to access the Corporate Portal by You and that You agree to ensure compliance by each End User with these terms and conditions.
You are entirely responsible to:
provide Us, through the Corporate Portal, with details of all End Users who are authorised by You to access the Corporate Portal;
set access levels for each End User; and
to amend access levels to the Corporate Portal or to de-authorise, through the Corporate Portal, access by any End User (including, without limitation, upon termination of the End User’s employment or engagement with You).
Each End User must provide Us with personal information (including, without limitation, name, work e-mail address and other information as specified on the Corporate Portal). You warrant that, in authorising an End User, You have obtained all necessary consents from each End User to this information being collected, used, disclosed and stored by Us in providing the Corporate Portal.
Use of the Corporate Portal requires a user name and password for each End User. It is Your responsibility to ensure that each user name and password is kept secret and secure if recorded. You are responsible for all usage or activity of the Corporate Portal using Your End Users’ user names and password. You agree to immediately notify Us of any unauthorised use of any user name and password or any other breach of security in connection with the Corporate Portal.
The Corporate Portal and its Content
The Corporate Portal and its Content is provided for Your own business use only.
You are responsible for the use of any Content and You should make Your own enquiries to check if the Content is accurate, complete and suitable for Your intended use.
You must not use any Content in any way that infringes a third party’s intellectual property or other rights or use the Corporate Portal in any manner which is offensive, threatening, defamatory, fraudulent, misleading, deceptive or otherwise inappropriate.
You must comply with all laws, regulations, by-laws, ordinances or subordinate legislation, in force from time to time, in Your relevant jurisdiction or which otherwise pertains to You and Your use of, and access to, the Corporate Portal or its Content.
You must not interfere with or disrupt (or attempt to interfere or disrupt) the Corporate Portal, any servers or networks connected to the Corporate Portal.
To the fullest extent permitted by law, We do not represent or warrant: (a) the suitability for Your intended use of the Corporate Portal; (b) the accuracy, completeness or suitability for Your intended use of any information (including, without limitation, any Content made available to You through the Corporate Portal); or (c) that the Corporate Portal or any Content on the Corporate Portal will be uninterrupted or error-free or defect-free or that errors or defects in the Corporate Portal or any Content on the Corporate Portal will be corrected.
You acknowledge that, despite all reasonable precautions on Our part, there is a risk of unauthorised access to, or alteration of, Your transmissions of data, information contained on Your computer system used to access the Corporate Portal or available through the Corporate Portal.
We reserve the right to make any changes to the Corporate Portal as considered necessary or desirable by Us. We will use all reasonable endeavours to give prior notice of such changes on the Corporate Portal to the extent that there is any adverse effect on the functionality or performance of the Corporate Portal but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects to the Corporate Portal).
There is no transfer of ownership to You of any Intellectual Property in the whole or any part of the Corporate Portal.
Any use of Our trade marks by You must include a statement attributing the trade mark to Us. You must not use any of Our trade marks in a manner which is or may be confusing, misleading or deceptive to any person or in a manner which disparages Us or the Corporate Portal.
To the maximum extent permitted by law, We do not accept any liability for any Loss howsoever caused (including through Our negligence), suffered or incurred by You arising from or in connection with: (a) Your access to, or use of, the Corporate Portal or its Content; or (b) any error or defect in the Corporate Portal or its Content, even if We have been informed of the possibility of such Loss.
To the fullest extent permitted by law, any guarantee, condition or warranty (including, without limitation, any implied guarantee, condition or warranty of merchantability, acceptable quality or fitness for a particular purpose) which would otherwise be implied in these terms and conditions or any liability in connection with such a guarantee, condition or warranty is hereby excluded.
The above disclaimers do not attempt or purport to exclude liability under any legislation if, and to the extent, that such liability cannot be lawfully excluded (including, without limitation, any guarantee, condition or warranty or any liability in connection with such a guarantee, condition or warranty under the Australian Consumer Law).
Termination and suspension
We may terminate or suspend Your access to the Corporate Portal: (a) if You breach any provision of these terms and conditions; or (b) upon no less than 30 days written notice.
Termination will not end those provisions that are capable of surviving the ending of these terms and conditions (including, without limitation, clauses 4, 5, 7 and 8).
If We waive, in whole or part, any rights available to Us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any provision of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these terms and conditions, in which case, the remainder of these terms and conditions shall nevertheless continue in full force.
The laws governing these terms and conditions will be the laws in the State of Victoria, Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State, without regard to conflict of law provisions.
In these terms and conditions, unless the context otherwise requires:
Content meansall content and material available on the Corporate Portal or through access to and use of the Corporate Portal.
Corporate Portalmeans the online service provided by Us to End Users of Employer Clients to access information in connection with the Outplacement Services provided by Us to Employer Clients.
Employer Client means a client of Our Outplacement Services.
End User means each end user of an Employer Client authorised by the Employer Client to access and use the Corporate Portal.
Intellectual Property means any registered or unregistered rights in any copyrights, patents, inventions, discoveries, trade marks, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.
Loss means loss or damage of any kind (including liability to a third party) including, without limitation, loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage.
Outplacement Services meansOur consultancy services provided to Employer Clients in relation to redeployment, redundancy, retirement, role change, outplacement or leadership change.
Privacy Statement means Our privacy statement from time to time, a current copy of which is available at the Corporate Portal.
Registered User means an End User registered through the Corporate Portal.
We, Us, Our means [Sageco Pty Ltd].
You, Yourself, Your means the company or other legal person who is an Employer Client of Us, accessing or using the Corporate Portal.