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Terms and Conditions

Welcome! We provide you with Year13, CareerTools and Anyway, which are platforms that can be used by young people and their parents or schools and organisations to help students plan for life after school, gain important skills and apply for further education, training and employment (Services), as set out in more detail on our website (Site).

In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself, and where you are a parent or legal guardian accepting these terms on behalf of your child, you or your means your child. If you are accepting these Terms on behalf of an entity (such as a school, community organisation or government body) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean the entity you are entering this agreement with.

For clarity, if you are signing up for:

  • Anyway, you are entering this agreement with Year13 Inc (2412816);
  • Year13, you are entering this agreement with Year 13 Pty Ltd (ACN 606 583 706); and
  • Career Tools, you are entering this agreement with Solutioneers Pty Ltd (ACN 131 045 059);

These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

DISCLAIMER – USE OF ARTIFICIAL INTELLIGENCE

You understand that parts of our Services utilise the use of artificial intelligence technology (AI).

By using our Services, you acknowledge and agree that artificial intelligence is a rapidly developing field of study and we are constantly working to improve our use of AI to provide you with more accurate, reliable and beneficial results when using our Services. You further acknowledge and agree that in some circumstances, the use of our Services may result in information or recommendations that may be inaccurate or irrelevant.

By using our Services, you accept that:

  • you should not solely rely on information or recommendations produced by AI;
  • you will evaluate any information or recommendations before implementing or accepting them; and
  • you use AI at your own discretion and on the understanding that AI may provide incomplete, incorrect or irrelevant information or recommendations.

To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with your reliance on any information or recommendations forming our Services that is produced by AI.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

  • our privacy policy, which is incorporated by reference (on the Site) which sets out how we will handle your personal information;
  • clause 1.7 (Variations) which sets out how we may amend these Terms;
  • clause 3 (Fees) which sets out important information about payments and recurring services, including whether you can cancel the Services and whether any of the Services auto-renew; and
  • clause 13 (Liability) which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link in the Services, or for featuring certain goods or services on the Services.

1. Engagement and Term

1.1 These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).

1.2 Subject to your compliance with these Terms, we will provide you with access to the Services.

1.3 Where we require access to your premises or computer systems in order to provide the Services, you agree to provide us with such access free from risk to the safety of our employees and contractors.

1.4 We will not be responsible for any other services unless expressly set out in these Terms or on our Site.

1.5 If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.

1.6 Where you engage third parties to operate alongside the Services (for example, any third-party software systems you wish to integrate with the Services), those third parties are independent of us and you are responsible for and we will not be liable for, the goods or services they provide, unless we expressly agree otherwise.

1.7 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services. If you have paid upfront for recurring access to any of the Services (excluding one-time purchases) and you would like to cancel them, please contact us in writing within 30 days of receiving notice to cancel that recurring access and we will issue you a pro-rata refund for such Services.

2. Account

2.1 You must sign up for an Account in order to access and use the Services.

2.2 You may invite Authorised Users to access and use the Services under your Account. You are responsible for ensuring that your Authorised Users comply with these Terms. You may change who your Authorised Users are at any time through your Account, and what access rights or permissions they have when using the Services. Any limitations on the number of Authorised Users you can have will be set out in your Account or on the Services.

2.3 By creating an Account, you acknowledge and agree that if you are a under the age of 18, you have your parent or legal guardian’s express consent to create an Account.

2.4 While you have an Account with us, you agree to (and to ensure your Authorised Users agree to):

  • (a) keep your information up-to-date (and ensure it remains true, accurate and complete);
  • (b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
  • (c) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

2.5 If you close your Account, you and your Authorised Users will lose access to the Services.

3. Fees

3.1 You may choose to purchase Services from us, as set out on our Site (Paid Services). Paid Services may include one-time purchases or recurring Services. You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Site (as applicable).

3.2 In some cases, you may access our Services from us for free (Free Services). If you are eligible to access our Free Services, this will be set out when you are signing up for our Services.

3.3 We may offer free trials for certain Paid Services. At the end of the free trial, you will either begin to be charged for the Paid Service or lose access to it (unless you sign up to it as a Paid Service), as specified in the trial offer you sign up to.

3.4 Details of our Paid Services, including features, limitations, fees and billing cycles (for recurring services) are set out on our Site. For recurring services, you will be billed on a regular basis, as set out on our Site, at the beginning of each billing cycle. All other Paid Services must be paid for at the time you order the Service.

3.5 You may upgrade or downgrade any recurring Services at any time through your Account. Changes to your recurring Services will take effect as follows:

  • (a) Upgrades: At the beginning of the next billing cycle.
  • (b) Downgrades: At the beginning of the next billing cycle.

3.6 Cancellation for Paid Services: All recurring Services continue for the agreed Service term (that you selected when purchasing the Service) (Service Term). At the end of each Service Term, provided you have paid all fees owing, your recurring Services will be automatically renewed for the same term. If you wish to cancel your recurring Services, you may do so through your Account. Your cancellation will take effect at the end of your current Service Term, and the recurring Services will not be renewed (meaning you will need to continue paying all fees due up until your current Service Term ends). If you are on an annual Service Term, we will provide you with a renewal reminder at least 30 days prior to the Services renewing.

3.7 Cancellation for Free Services: Subject to these Terms, you will have access to the Services until such time as you request cancellation of your Account in writing to us. Your cancellation will take effect within a reasonable time of issuing such request to us.

3.8 Our payments methods will be set out at the time you purchase the Services. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).

3.9 You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

3.10 If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may:

3.11 suspend your access to the Services; You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

4. Artificial Intelligence

4.1 You understand that parts of our Services utilise artificial intelligence technology (AI). You acknowledge that if we provide you with access to AI as part of our Services, the AI models utilised are:

  • (a) experimental and have known limitations and defects. For example, it is known that AI models use autoregressive architecture, relying mainly on previous data values (without verifying the accuracy or veracity of that previous data) to predict current data values and that as a result they may have unpredictable or inconsistent outputs;
  • (b) provided by a cloud system provider or third-party software provider and we are merely providing software or services necessary to integrate those AI models (by way of API) into our existing software or services, for you; and
  • (c) operating on systems which are physically located in the European Union or in the United States of America, and so involve the submission of your information to those locations.

4.2 You understand and acknowledge that in some circumstances, the use of our Services may result in recommendations or information that may be inaccurate or irrelevant. By using our Services, you accept that:

  • (a) you should not solely rely on information or recommendations produced by AI;
  • (b) you will evaluate any information or recommendations before implementing or accepting them; and
  • (c) you use AI at your own discretion and on the understanding that AI may provide incomplete, incorrect or irrelevant information or recommendations.

4.3 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with your reliance on any information or recommendations forming our Services that is produced by AI.

4.4 This clause 4 survives the termination or expiry of these Terms.

5. Branding

5.1 This clause applies to your use of Career Tools if you are accepting these terms on behalf of a school (School).

5.2 As part of our Services, we may develop a 'career website' that is branded for your School (Website). If we agree to develop the Website for you, you agree:

  • (a) we will register the domain name agreed between the Parties, and we will own and take responsibility for the domain name;
  • (b) we will reasonably maintain and update the Website from time to time and will provide you with a user account to interact with the Website;
  • (c) we will use our best efforts to ensure that the information provided on the Website is accurate, however we take no responsibility for any errors or omissions in that information, and should you notice any such errors or omissions, it is your responsibility to immediately provide us with details of the relevant errors and/or omissions to rectify; and
  • (d) you are responsible for any content, information and data you upload, share or publish on the Website.
  • (e) you will indemnify and hold us harmless from any liability in any way relating to the content, information, and data that you upload, share, or publish on the Website.

5.3 Where the Website references External Services, you understand that we cannot guarantee or verify the contents of any External Services and Website users should be made aware by you that they click on links to External Services at their own risk.

5.4 When students create a 'secure student account' via your Website, they must tick the ‘information storage and access information’ box to confirm they have read the document before creating an account. If you register a student yourself via your Account, you are responsible for directing the relevant student to this document before the student uses their account.

5.5 You have the ability to switch off the ‘student secure area’ on the Website if you want to restrict students from inputting personal information.

5.6 This clause 5 will survive the termination or expiry of these Terms.

6. Licence

6.1 During the Term, we grant you and your Authorised Users a right to use our basic Services in accordance with these Terms. This right cannot be passed on or transferred to any other person.

6.2 When you purchase our Paid Services, your access rights will vary based on the type of service. For one-time purchases, we grant you and your Authorised Users the right to access the purchased Service until the earlier of the specified duration of access, the termination of these Terms or your cancellation of the specific Service. For recurring services, we grant you and your Authorised Users a right to access the relevant Services only for the duration that you continue to pay for the Service, subject to these Terms. These rights cannot be passed on or transferred to any other person.

6.3 You must not (and you must ensure that your Authorised Users do not):

  • (a) access or use the Services in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
  • (b) interfere with or interrupt the supply of the Services, or any other person’s access to or use of the Services;
  • (c) introduce any viruses or other malicious software code into the Services;
  • (d) use any unauthorised or modified version of the Services, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Services;
  • (e) attempt to access any data or log into any server or account that you are not expressly authorised to access;
  • (f) use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
  • (g) circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
  • (h) access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

7. Availability, Disruption and Downtime

7.1 While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

7.2 The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, you agree that we are not liable for disruptions or downtime caused or contributed to by these third parties.

7.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.

8. Intellectual Property and Data

8.1 We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.

8.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

8.3 We do not own any of Your Data, but when you enter or upload any of Your Data into the Services, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

  • (a) supply the Services to you and your Authorised Users (for example, to enable you and your Authorised Users to access and use the Services), and otherwise perform our obligations under these Terms;
  • (b) third parties in connection with these Terms, including a School, research partner, government body, or an education institution you wish to apply for such as a college or university (as further outlined in our Privacy Policy);
  • (c) diagnose problems with the Services;
  • (d) improve, develop and protect the Services;
  • (e) send you information we think may be of interest to you based on your marketing preferences;
  • (f) perform analytics for the purpose of remedying bugs or issues with the Services; or
  • (g) perform our obligations under these Terms (as reasonably required).

8.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.

8.5 You are responsible for, and we are not liable for:

  • (a) the integrity of Your Data on your systems, networks or any device controlled by you or your Authorised Users; and
  • (b) backing up Your Data.

8.6 When you use the Services, we may create anonymised statistical data from Your Data and usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

8.7 If you do not provide Your Data to us, it may impact your ability to receive the Services.

8.8 This clause 8 will survive the termination or expiry of these Terms.

9. External Services

9.1 We may enable access to third party websites, applications and services via our Services (External Services).

9.2 If you acquire External Services via our Services (Transaction), you acknowledge and agree that each Transaction is a contract between you and the third party providing the External Services, and we are not party to any such contract.

9.3 If you use External Services, you do so at your own discretion and you agree:

  • (a) we are not responsible for examining or evaluating the content of any third party External Services;
  • (b) we do not guarantee the accuracy, integrity or quality of any External Services;
  • (c) you must comply with any third-party terms applicable to External Services;
  • (d) charges may apply to your use of External Services and we assume no responsibility for any such transaction; and
  • (e) we may suspend, remove, disable or impose access restrictions or limits on any External Services, at any time without notice or liability to you.

9.4 This clause 9 will survive the termination or expiry of these Terms.

10. Products

10.1 This clause only applies to the extent that you purchase products from us on the Site.

Ordering Products

10.2 You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the products for the Price listed on the Site (including the delivery fees or other applicable charges and taxes).

10.3 We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of the products to you in accordance with these Terms.

10.4 It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.

10.5 All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

10.6 We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

Price and Payments

10.7 You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price). The currency for payment, and any applicable taxes will be set out. You must pay any customs duties or taxes charged on the Price.

10.8 You must pay the Price upfront using the methods set out on the Site. Third party terms and conditions may apply to your purchase.

Delivery

10.9 If possible, we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.

10.10 Any delivery periods displayed on the Site are estimated only, based on the information provided by the delivery company. We aim to deliver your products to you within the time indicated by us at the time of the order, but we do not guarantee any firm delivery dates.

Title and Risk

10.11 Title to the products will remain with us and you will be provided a licence once you have paid the Price in full for the products. Until such license is issued, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

10.12 Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

11. Confidential Information and Personal Information

11.1 While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any Authorised Users, employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

11.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

11.3 If you provide us with Personal Information, you agree to only disclose Personal Information to us if you are authorised by the Privacy Laws to collect the Personal Information and to use or disclose it in the manner required by these Terms and you have information the individual to whom the Personal Information relates, that their Personal Information will be disclosed to us. You must not do anything which may cause us to be in breach of any Privacy Laws.

11.4 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable Privacy Laws.

11.5 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors). We may also need to disclose Personal Information to third parties in connection with these Terms, such as schools, research partners, government bodies and education institutions (such as colleges and universities).

11.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

11.7 This clause 11 will survive the termination or expiry of these Terms.

12. Consumer Law Rights

12.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law, and these Terms are not intended to restrict your rights in those jurisdictions. These Terms shall be interpreted to comply with the law in those jurisdictions. .

12.2 Subject to the laws related to consumers in the jurisdiction in which you are located,, you agree that we will not provide a refund for a change of mind or change in circumstance.

12.3 This clause 12 will survive the termination or expiry of these Terms.

13. Liability

13.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:

  • (a) External Services;
  • (b) your breach of the Privacy Laws;
  • (c) your reliance on any information or recommendations forming our Services that is produced by AI;
  • (d) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
  • (e) any use of the Services by a person or entity other than you or your Authorised Users.

13.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

  • (a) neither we or you are liable for any Consequential Loss;
  • (b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
  • (c) (where the Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again;
  • (d) in relation to our Services, our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us during the 12 months immediately preceding the event giving rise to the Liability, or if you have not paid for the Service, to AU$1,000; and
  • (e) in relation to our products, our aggregate liability for any Liability arising from or in connection with the Terms will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.

13.3 This clause 13 will survive the termination or expiry of these Terms.

14. Suspension and Termination

Suspension

We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your access to the Services.

Termination

14.1 We may terminate your access to the Services, and any recurring Services will be cancelled if:

  • (a) you fail to pay your fees when they are due;
  • (a) you or your Authorised Users breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
  • (b) you or your Authorised Users breach these Terms and that breach cannot be remedied; or
  • (c) we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written notice and if you have paid upfront for ongoing access to any of the Services (excluding one-time purchases) we will issue you a pro-rata refund for such Services; or
  • (d) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

14.2 You may terminate these Terms if:

  • (a) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
  • (b) we breach these Terms and that breach cannot be remedied, and if you have paid fees for recurring Services upfront, you will be issued a pro-rata refund of any unused part of those fees based on the portion of the then-current Services period remaining.

14.3 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 15.8), and if you have purchased any recurring services, termination will take effect at the end of your current Services period.

14.4 Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.

14.5 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

14.6 This clause 14 will survive the termination or expiry of these Terms.

15. General

15.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

15.2 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If the Dispute is not resolved at that initial meeting:

  • (a) where you are resident or incorporated in the United States, refer the matter to mandatory, individual arbitration, administered by the American Arbitration Association in accordance with AAA Commercial Arbitration Rules and Mediation Procedures. You agree that you will not attempt to resolve any disputes arising hereunder in a class, representative, or consolidated action or proceeding.

15.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

15.4 Governing law: These Terms are governed by the laws of North Carolina, and any matter relating to these Terms is to be determined exclusively by the courts in North Carolina and any courts entitled to hear appeals from those courts.

15.5 Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

15.6 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

15.7 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

15.8 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

15.9 Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice.

15.10 Publicity: If you are an entity (including a school or government body), you agree that we may, with your written consent, advertise or publicise the fact you are a customer of ours, for example on the Site or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.

16. Definitions

16.1 In these Terms:

Account means an account accessible to the individual or entity who signed up to the Services, under which Authorised Users may be granted with access.

Authorised User means a user that you have invited to use the Services through your Account.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute “Consequential Loss”.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Privacy Laws means the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable Laws relating to privacy.

Services means the services we provide to you, as detailed at the beginning of these Terms.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you and your Authorised Users when receiving the Services or stored by or generated by your use of the Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with the Services. Your Data does not include any data or information that is generated as a result of your usage of the Services that is a back-end or internal output or an output otherwise generally not available to users of the Services.

17. Coins and Rewards

17.1 Through Our providing of Services, you may receive the opportunity to receive Coins which may be redeemed for certain Rewards.

17.2 Eligibility: To be eligible to receive Coins, you must be a US resident, between the ages of fourteen (14) and twenty-four (24), and have a valid email address associated with your Account.

17.3 Redeeming Coins: Before you can redeem Coins, you must earn a minimum of 1,000 Coins. To earn Coins, you must complete topics set forth in the Services. You may only receive Coins on the first completion of each topic. Coins may be redeemed for gift cards provided by our partners. Gift cards may be subject to expiration policies, non-usage fees, and other terms which may be changed at the sole discretion of the issuer. We are not responsible for the change in terms by the gift card issuer, nor are we responsible for how the gift cards are used after redemption.

17.4 Miscellaneous Terms: Coins earned through the Services retain no monetary value. Coins do not earn interest and cannot be purchased or sold. Coins may not be assigned nor transferred to another Account. Any attempt to contravene these terms will result in an immediate forfeiture of all earned Coins. We reserve the exclusive right to manage, modify, suspend, revoke and terminate your earned Coins without notice, refund, compensation, or liability. By redeeming your Coins for gift cards, you do so entirely at your own risk and subject to the applicable terms and policies of the gift card issuer. Your ability to redeem coins will cease when your account is terminated, or when these Terms are terminated, whichever occurs first.