- Acceptance of Agreement.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
- Service Marks.
Products and names mentioned on the Site may be trademarks of their respective owners.
- Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
- Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
You agree to indemnify, defend and hold us and our partners, attorneys, staff, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
- Disclaimer and Limits.
The information from or through the site are provided "as-is," "as available," and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This site and the products, services, and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site shall create any warranty, representation or guarantee not expressly stated in this agreement. We do not provide legal advice nor enter into any attorney-client relationship.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use our site. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
- Use of Information.
- Warranty and Disclaimer.
We shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control, but we shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, we do not warrant that the services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the services, except as expressly set forth in this section, the services and implementation services are provided as is, and we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
- LIMITATION OF LIABILITY.
Notwithstanding anything to the contrary, us and our suppliers (including but not limited to all equipment and technology suppliers), officers, affiliates, representatives, contractors and employees shall not be responsible or liable with respect to any subject matter of this agreement or terms and conditions related thereto under any contract, negligence, strict liability or other theory: (a) for error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business; (b) for any indirect, exemplary, incidental, special or consequential damages; (c) for any matter beyond our reasonable control; or (d) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by customer for the services under this agreement in the 12 months prior to the act that gave rise to the liability, in each case, whether or not we have been advised of the possibility of such damages.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
- Securities Laws.
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
- Links to Other Web Sites.
The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
- Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at firstname.lastname@example.org
- Proposed Product and Service Offerings.
All descriptions of proposed products and services are based on assumptions subject to change and you should not rely on the availability or functionality of products or services until they are actually offered through the Site. We reserve the right in its sole discretion to determine how registration and other promotions will be awarded. This determination includes, without limitation, the scope, nature and timing of all such awards.
- Information and Press Releases.
The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
MYKENSHO collects non-Personal Information on Site visits by users including, without limitation, which sections of the Site are most frequently visited, how often, and for how long. This data is always used as aggregated, non-Personal Information, and may be shared with MYKENSHO partners to provide them with information relating to how MYKENSHO visitors 'use' the Site. This is done for the purpose of providing you with the best and most efficient career management services.
As a Registered User you can take advantage of more of the tools, services and resources that may assist you in finding the right information. MYKENSHO may also use this information in order to customise the service we provide to you However, we will never activate this MYKENSHO Profile (or any other service) without your express consent.
MYKENSHO takes all reasonable steps to ensure the security of our system and to protect your information from misuse, interference and loss as well as unauthorised access, modification or disclosure. MYKENSHO allows you to access your information(My profile) at any time to keep it accurate and up to date.
Any information which we hold for you is stored on secure servers, in Australia that are protected in controlled facilities. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality and privacy of any Personal Information held by MYKENSHO. Except in the case of breaches of ourobligations under the Privacy Act to protect your Personal Information, MYKENSHO will not be held responsible for events arising from unauthorised access of your Personal Information. In the event of a data breach,
MYKENSHO is committed to complying in all respects with the requirements of all Australian Privacy Laws and where required, the provisions of the GDPR. You can also play an important role in keeping your Personal Information secure, by maintaining the confidentiality of any password and accounts used on the Site. Please notify if there is any unauthorised use of your account by any other Internet user, or any other breach of security relating to your account.
We retain information you provide to us and which we collect about you, including Personal Information and Personal Data, for so long as we continue to provide services to you and specifically until such time as you request us to delete your Personal Information and Personal Data.
In providing its services to you, MYKENSHO may make use of a number of automated processes using your Personal Data and your activity on our Site as tracked by us, in order to provide more tailored and relevant services to you such as providing information to you through email communication, and on the Site or within our Apps.
Notwithstanding anything to the contrary, we shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
- Data security
MYKENSHO will use Best Industry Practice in relation to the security of Data, including in relation to: (a) implementation and management of suitable security tools, controls and monitoring (b) application management (c) load balancing (d) back up data (e) recovery of data (f) file and disk space utilisation (g) the use of passwords and general user management (h) transfer of data and (i) access to the system generally, including appropriate and agreed encryption algorithm for data.
GES warrants that the use and storage of Data by GES for the purpose of providing the services will not result in any (a) loss of Data (b) corruption of Data (c) reduction in the accessibility or usability of the Data..
This Agreement shall be treated as though it were executed and performed in Victoria, Australia, and shall be governed by and construed in accordance with the laws of the State of Victoria (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 18. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Victoria, Australia. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Post: PO Box 706 Hawthorn 3122