1. Application of Terms and Conditions
b) My Up Skills Terms and Conditions do not replace any obligations the user may already have in connection with any contractual agreement or document.
c) Any use of the My Up Skills website means the user accepts the terms and conditions displayed in this agreement. Should the user not agree to the terms displayed herein this agreement they should exit the website and not proceed to use any the website.
a) By accessing and using this website the user agrees to:
i. use the website only for lawful purposes;
ii. provide and maintain complete, correct, up-to-date, and accurate information on any submitted information;
iii. post materials (if available) for which you have all the necessary rights or licenses;
iv. use your own judgment, caution, and common sense in managing opportunities and information offered by or obtained from the website; and
v. bear the risks of any reliance or use of any materials or any information provided by any third party which may be displayed or linked to the website.
b) The user will not use the website to:
i. Engage or encourage unlawful activities;
ii. Violate any state or federal laws;
iii. Infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
iv. Upload, post, transmit or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
v. Breach any contractual or confidential obligations with My Up Skills or third party;
vi. Disrupt or interfere with the normal operation of the website;
vii. Breach or attempt to breach any security measures implemented by My Up Skills to secure the website and their users’ information;
viii. Use any device, process, or mechanism to monitor, retrieve, search, or access, the website or any material;
ix. except as expressly permitted herein or to the extent applicable by law, copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any materials, except for materials that have been submitted and owned by you;
x. post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information;
xi. impersonate any person or entity; or
xii. misrepresent yourself, your affiliation with any third party, or your entity.
c) Should the user breach any of the terms and conditions, My Up Skills reserve their sole discretion to prevent you for using their services and website and can do anything that is reasonable to prevent you from accessing and using their website and services.
3. Website Links and Third Parties
a) My Up Skills website may contain links to other websites and third party links who are not affiliated with My Up Skills. My Up Skills does not accept any liability or responsibility for the content displayed on those websites and further do not accept any responsibility or liability to the security of those websites.
b) The third-party links provided on the My Up Skills website are for your reference. We do not purport to endorse, support or sponsor those websites or any of the policies or views expressed by the third-party;
c) Users at their sole discretion and risk can elect to access third party websites through the links displayed on the website. My Up Skills should not be taken to have reviewed or approved all the content displayed on third party websites.
d) If Users access third party websites, they will be governed by the terms and conditions displayed on those websites.
4. Intellectual Property
a) Intellectual property rights within the content of this website vest with My Up Skills. Nothing contained in this website is to be construed by the user as a licence to use the intellectual property of My Up Skills.
b) You may not download, copy or print any of the pages of this website except for your own personal use, and provided you keep intact all copyright and proprietary notices. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, “scraping” or other manipulation of the content of the website is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Website; nor will you post to the website any material which infringes any intellectual property rights of any third party.
i. My Up Skills reserves the right to be fully indemnified should they suffer any loss or damage due to a claim from a third party as a result of a User using our website to infringe on their intellectual property rights.
c) My Up Skills does not consent to you passing off content from this website as your own. This includes the practice of ‘Framing’ this website within another website as well as copying and re-using parts of the website.
d) Unauthorised use of My Up Skills’s information or content on this website is prohibited by law.
e) The user will not forge any header information in any electronic posting or mail.
f) The user may receive written consent from My Up Skills to use their intellectual property however, My Up Skills has full discretion to refuse access without just cause or reason.
b) The user reserves their right to disable cookies however, by doing so risk affecting the functionality of the website.
c) Information stored in My Up Skills’s website cookies can include:
i. The identity of the page or services you are requesting;
ii. The type of browser or operating system in use;
iii. Time and date of access; and
iv. The internet address of the website from which you navigated from to reach our website.
a) My Up Skills is bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APP) within the Act. By agreeing to these terms and conditions the Users also agree to be bound by our Privacy Principle displayed on our website.
7. Disclaimers and Liability
a) The users are solely responsible for ensuring that they have sufficient and compatible hardware, Service, telecommunications equipment, and Internet service necessary for the use of the website and services offered through the website.
b) My Up Skills does not and cannot control the flow of data via the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt the internet. My Up Skills will use commercially reasonable efforts to remedy and avoid such events but cannot guarantee that such events will not occur. Accordingly, My Up Skills disclaims any liability resulting from or relating to such events.
c) My Up Skills does not warrant that:
i. the website will meet all of your requirements;
ii. the website will be uninterrupted, timely, secure or error-free; and
iii. all errors in the website will be corrected.
d) These terms are in addition to any other applicable terms or policies on the My Up Skills website.
e) My Up Skills does not warrant that all functions on the website will be compatible with all devices. If the website is accessed through a mobile device, the relevant wireless service carrier may charge applicable data rates and related fees.
f) This website is provided by My Up Skills on an “as is” and “as available” basis. My Up Skills makes no representation or warranties of any kind, expressed or implied, as to the operation of this website or the content, materials, or products included on this site. You expressly agree that your use of this website is at your sole risk.
g) To the full extent permissible by applicable law, My Up Skills does not warrant that this website, or e-mails are free of viruses or other harmful components. My Up Skills will not be liable for any damage or any kind arising from the use of this website, including, but not limited to direct, indirect incidental, punitive, and consequential damages. Certain state laws do not allow limitations or implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
h) My Up Skills does not warrant that this website, or e-mails are free of viruses or other harmful components and will not be liable for any damage or any kind arising from the use of this website, including, but not limited to direct, indirect incidental, punitive, and consequential damages;
i) My Up Skills will take all reasonable steps to secure the users safety, however, make no guarantees that the website may experience from time to time, unauthorised access from users who jeopardise the safety and security of the website. My Up Skills will take all reasonable steps to mitigate any damage to users however will not be held liable for third party corruption. Users of the website should enter at their own risk.
8. Updates and Outages
a) My Up Skills may change, suspend or discontinue any aspect of the website at any time, including the availability of any of the website features, databases or content. My Up Skills reserve their right to amend these terms and conditions at any time, without notice by posting amended terms to the website. You will be deemed to have agreed to the amended terms when you next use this website following any amendment.
b) If a system failure should occur that creates an outage of the website, My Up Skills will utilize all reasonable means to end the outage as soon as possible. Outages due to the Internet security, hosting providers, and/or Customer or user systems are outside My Up Skills’s control and, in such event, My Up Skills will assist the user in the diagnosis but may not be able to resolve the problem.
c) My Up Skills take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond their control.
9. Termination of Website
a) My Up Skills reserve the right to terminate or suspend this website or any part or feature at any time without prior knowledge or explanation.
10. Governing Law
a) The laws of the State of Victoria, Australia govern these Terms and Conditions and any agreement formed under them. The user and My Up Skills irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia.