These Terms And Conditions were last updated on July 1st, 2015
THIS WEBSITE SERVICE ( THE “SERVICE”), PRESENTED AS UNIGRAD.COM.AU AND OPERATED BY SABATT PTY LTD (“UNIGRAD”, “US”, “WE” OR “OUR”) AND ITS RELATED BODIES CORPORATE IF APPLICABLE, AND THEIR OFFICERS EMPLOYEES AND ASSIGNS FROM TIME TO TIME BOTH PAST PRESENT AND FUTURE (“UNIGRAD”), IS PROVIDED TO YOU (“YOU” OR “USER”) SUBJECT TO THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, TOGETHER WITH ANY ADDITIONAL TERMS, CONDITIONS, NOTICES AND DISCLAIMERS THAT MAY BE CONTAINED ELSEWHERE ON THE UNIGRAD WEBSITE FROM TIME TO TIME AND RULES THAT MAY BE PUBLISHED FROM TIME TO TIME BY UNIGRAD.
IN COMPLETING THE REGISTRATION PROCESS AND CLICKING ON ‘I AGREE’, YOU ARE INDICATING THAT YOU AGREE TO BE BOUND BY THIS AND ALL TERMS AND CONDITIONS OF THE SERVICE WHICH TERMS AND CONDITIONS GOVERN THE SUPPLY OF MATERIAL ON, AND YOUR USE OF AND ACCESS TO, THE UNIGRAD WEBSITE SERVICE. THESE TERMS AND CONDITIONS (THE “TERMS OF SERVICE”) ALSO GOVERN YOUR USE OF ANY RELATED WEBSITE SERVICE THAT MAY BE OPERATED BY UNIGRAD WHICH MAY BE DEVELOPED AND TO WHICH YOU MAY HAVE ACCESS.
SHOULD YOU OBJECT TO ANY OF THE TERMS AND CONDITIONS OR ANY SUBSEQUENT MODIFICATIONS THERETO YOUR ONLY RECOURSE, WHICH YOU AGREE TO AND UNDERTAKE TO PERFORM, IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE UNIGRAD WEBSITE SERVICE.
2. Description of Service
Unigrad provides you with the capability to receive job alerts via email and sms, to receive newsletters via email, view and apply for job vacancies, the use of other Unigrad resources and any other services or information that may be added to the website at a future date at the discretion of Unigrad. If you are an employer or recruitment consultant, you may post graduate job vacancies from time to time, at the sole discretion of Unigrad, but you shall be solely liable for any error misdescription or misrepresentation, of, incidental and associated with such posting(s) and you provide Unigrad and its officers, employees, related bodies corporate and assigns with a full and complete indemnity from any claims for damages losses or suits howsoever arising from or associated in any way with any such posting(s) that you may make.
3. Username/Account, Password and Security
To become a user of Unigrad, you must agree to these Terms of Service and complete the registration process by providing current, complete and accurate information. You warrant the accuracy of any information or data provided by you. It is your responsibility to keep this information up-to-date. You are responsible to provide all equipment needed to view and take part in the Service. You are responsible for maintaining the confidentiality of both your username and password. You are also entirely responsible for any activities occurring under your account. You agree to notify Unigrad immediately of any unauthorised use of or breach of security of your account.
Unigrad requires that you obey the law and you agree to be bound by it. You must not use the Service in any way that violates local, state, federal or international laws or regulations.
You agree that in using the Service, you will not: violate copyright or any other intellectual property rights; post threatening, obscene or offensive materials, comments or opinions; misrepresent or defame others; cause any loss associated with or engage in the publication of any injurious falsehood, engage any illegal or unlawful conduct of any form or engage in misleading or deceptive conduct or on-line marketing practices; engage in electronic ‘stalking’ or other forms of harassment such as using abusive or aggressive language; make an unauthorised transmission of confidential information or material protected by trade secrets; or attempt to do any of these things. You agree to and hereby do fully and completely indemnify Unigrad against all and any claims, suits, actions, demands, damages, and losses that are alleged to arise, by any person, or do in fact so arise, howsoever connected with or in any way associated with any such acts or omissions of yours. You agree that you are solely responsible for and liable for any such claims suits actions or damages arising from any such acts or omissions of yours, and you expressly agree that Unigrad is not.
Exclusion of liability for Unigrad for any defamatory content that may be posted made or published by users on the Service
Any opinions, comments or statements as expressed in any way on the Service, or posted, uploaded or published by you on the Service (jointly and severally, the “Posts”), made by you, or by or on behalf of any other user of the Service from time to time, are not the opinions comments or statements or publications of Unigrad or any of Unigrad’s officers, employees agents or assigns. Unigrad and Unigrad’s officers, employees agents or assigns shall not be liable for, and do not accept any liability whatsoever for any Posts, and you hereby irrevocably agree that you will not seek to hold Unigrad liable for the content of any material published in any Post, whether made by you, or by any other person or party.
You hereby agree to release and discharge and indemnify Unigrad and Unigrad’s officers, employees agents or assigns against any claim, right or cause of action however arising from any Post that you, or any person on your behalf, may make, whether or not presently ascertained, immediate, future or contingent which you may have for or arising out of damage or loss of any description whatsoever and howsoever caused by a Post and which any other person, may suffer or sustain in the course of or consequent upon your use of the Service and any Posts that you may make..
You agree that the waiver, release and discharge contained above and the indemnity expressed above shall operate in favour of Unigrad and any of Unigrad’s officers, employees agents or assigns form time to time, jointly and severally.
You agree that the waiver, release and discharge above and the indemnity above may be pleaded as a complete bar to any claim, notice, demand, action, proceeding, litigation or judgment which has or may be brought or made or recovered against Unigrad or any of Unigrad’s officers, employees agents or assigns, present or former, at any time. You acknowledge and agree that Unigrad neither endorses the contents of your or any other user communications or postings or use of the Service, nor assumes responsibility for any threatening, defamatory, libellous, injurious, obscene, harassing, illegal, unlawful, false, misleading, or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
5. Modifications to Service
Unigrad reserves the right to discontinue or alter the Service without any notifications to users. Unigrad will not be liable to any user or others should Unigrad exercise this right.
6. Disclaimer of Warranties
You expressly agree that use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Unigrad expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Unigrad makes no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor does Unigrad make any warranty as to the accuracy or reliability of any information obtained through the Service or that defects in the software will be corrected. Unigrad does not make any warranty as to the accuracy of and imputations inherent in or contained in any Posts made and expressed on the Service by any user of it.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
Unigrad makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from Unigrad or through the Service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
The material information and data contained on the Unigrad website Service provides general information only. It is not intended as advice and you must not rely upon it as such and agree that you do not make any such reliance. You agree to, and acknowledge that you do at all relevant times, make your own independent enquiries and take independent advice tailored to your own specific circumstances prior to you making any decisions or undertaking any acts or omissions, and that you do not rely on anything contained, either expressed or implied, in or associated with the Unigrad website Service.
7. No Resale or Commercial Use of the Service
You agree not to resell the Service. Commercial use of the Service that is compliant with the terms and conditions of service is permitted only with the written consent of, or by written invitation of and agreement with Unigrad. Commercial use is defined as the use of the Service by a corporation or business entity in any business or commercial activity.
Unigrad retains the right, at its sole discretion; to determine whether or not your conduct is consistent with these terms and conditions of Service and may terminate your account if your conduct is found to be inconsistent with these terms and conditions. Unigrad will not be liable to you or any third party for the termination of your account.
8. Advertisements and Sponsorship
Unigrad reserves the right to accept sponsorship and place banner advertising at any location (web page) within the Service and may vary its placement and volume at its sole discretion.
Hyperlinks and pointers to websites operated by third parties may appear on the Unigrad website Service from time to time. These websites do not form part of the Unigrad website Service and are not under the control of Unigrad and Unigrad does not endorse the content of and is not responsible in any way for the contents of any such hyperlink or website. If you link to or access any such websites you leave the Unigrad website Service and you do so entirely at your own risk. The display of any such third party hyperlinks or websites does not imply a recommendation or endorsement by Unigrad of the relevant advertiser, its products or services or any related linked website thereto.
9. Proprietary Rights to Content
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or e-mail-distributed, commercially produced information presented to you by the Service; or by Unigrad or Unigrad’s advertisers, is protected by copyright, trademarks, Service marks, patents or other intellectual property rights or other proprietary rights and laws; therefore, you are only permitted to use this Content as expressly authorised by Unigrad. You may not copy, reproduce, publish, store in a retrieval system of any form, alter or transmit in any way, or distribute, or create derivative works from this Service, including any of its content without expressly being authorised to do so by Unigrad or as may be required, the relevant advertiser on the Service.
10. Limitation of Liability
Unigrad shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use for or your inability to use the Service.
Unigrad does not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any similar State or Territory legislation that cannot be excluded, restricted or modified. Otherwise Unigrad excludes all conditions and warranties that may be implied by law. To the extent permitted by law, and only to that extent, Unigrad’s liability for breach of any implied warranty or condition which cannot be excluded is restricted, at Unigrad’s option, to:
In the case of services supplied or offered by Unigrad, if any, in its website Service:
the re-supply of those services; or
the payment of the cost of having those services re-supplied; and
In the case of goods supplied or offered by Unigrad, if any, in its website Service:
the replacement of the goods or the supply of equivalent goods; the repair of the goods;
the payment of the cost of having the goods replaced; or
the payment of the cost of having the goods repaired.
You expressly agree and understand that in no circumstances will Unigrad be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by Unigrad) which result from (i) the use of or access to or any inability to use or access to the Unigrad website Service or any material on the Unigrad website Service; (ii) unauthorised access to or alterations of your transmissions or data; or (iii) statements or conduct of any third party on the Unigrad website Service. Excluding liability for negligence the maximum liability of Unigrad is equivalent to the total of any amounts you have paid to Unigrad and its related bodies corporate in respect of goods or services supplied to you by Unigrad or its related bodies corporate through the Unigrad website Service.
Unigrad reserves the right to terminate the Service and/or an individual Login identification (associated with a user) with or without cause at anytime and effective immediately. Unigrad shall not be liable to you or any third party for termination of the Service. Should you object to any terms and conditions of the Terms of Service or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
12. Modifications to Terms of Service
Unigrad retains the right to change the Terms of Service or policies regarding the use of the Service at any time and to notify you by posting an updated version of the Terms of Service on this Web site. You are responsible for regularly reviewing the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
13. Applicable law
These terms and conditions and all other specific and additional terms which govern your use or membership of and access to the Unigrad website Service will be governed by and construed in accordance with the laws of the state of New South Wales, Australia and you submit to the jurisdiction of the Courts of New South Wales, if so required to by Unigrad, if any Court action arises at any time that is of and incidental to or in any way associated with the Unigrad website Service.
14. Unigrad Challenges and Competitions
Specific Entry Conditions (“Conditions”) required by each Challenge or Competition will be clearly identified prior to entry. It is the sole responsibility of each participant to have read, understood and validated that they meet all the required Conditions of each Unigrad Challenge or Competition. However, employees and their immediate families of Unigrad and their associated agencies and companies are not eligible to enter.
The Promoter of each competition is Unigrad, a service operated by Sabatt Pty Ltd (referred to from herein as ‘the Promoter’). Any prizes offered in association with any Competition or Challenge will be clearly identified and presented to potential participants prior to entry. If a prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation.
By entering a Challenge or Competition, and if that participant subsequently wins a prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed, photographed and/or filmed.
Each winner will receive the prize as per the specifications detailed in these Terms and Conditions. All incomplete entries will be deemed invalid even if submitted by a participant as final.
Where appropriate, prize values are based upon the recommended retail prices at the time the competition is launched (inclusive of GST). The promoter accepts no responsibility for change in prize value between launch and the ultimate prize redemption date. In the event that for any reason whatsoever a winner does not take the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.
The Promoter reserves the right to request the winner to provide proof of identity, proof of residency or study visa at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
The promoter is not liable for any technical complications that may occur, including through the use of Facebook or any other software service. The promoter reserves the right to withdraw or modify the competition at any time. The promoter’s decision on the winners is final and the promoter will not enter into correspondence regarding the Competition result. Entrants under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to enter. Each valid entrant who has entered the competition over the duration of the promotional period will be judged by the promoter.
A Judging Panel will be appointed to judge each Challenge or Competition. The specific Judging Panel for a particular Challenge or Competition will be disclosed at the time of entry and typically consist of representatives from Unigrad and potentially an associated Employer or client. The winners will be determined and notified by email and/or telephone within 24 hours of selection. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached or not fulfilled any of these conditions. All entries become the property of the Promoter.
The Promoter collects personal information about you to enable you to participate in this promotion but no further use of this information will be made without prior consent. The promoter will select winners for the specified prizes based solely on answers submitted by entrants.