Terms and Conditions of Use
This site is owned
and operated by MYPROFILE PTY LTD (“Myprofile”) and the information and
materials appearing on this Site (“the Content”) are displayed for personal,
educational use only. All software used on this Site and all Content
included on the Site (including without limitation Site design, text,
graphics, audio and video and the selection and arrangement thereof) is the
property of MYPROFILE or its suppliers and is protected by international
MYCAREERMATCH, MYRESUME, JOBPROFILE and MYPROFILE are the
registered trademarks and products of MYPROFILE PTY LTD (ACN 097 530 428).
Please read these carefully. If you do not accept these
Terms and Conditions do not use any other MYPROFILE assessment. By
proceeding with an assessment survey you acknowledge that you have agreed to
these Terms. MYPROFILE may update these Terms from time to time and you
should review this page regularly.
2. Copyright and Trademarks
copyright, trademarks, design rights, patents and other intellectual
property rights (registered and unregistered) in all Myprofile websites and
all content located on the sites shall remain vested in MYPROFILE PTY LTD or
Myprofile Pty Ltd 2002 – 2015 | ACN 097 530 428
Except as permitted by the copyright law applicable to
you, you may not reproduce or communicate any of the content on this
website, including files downloadable from this website, without the
permission of the copyright owner.
The Australian Copyright Act allows certain uses of
content on the internet without the copyright owner's permission. This
includes uses by educational institutions for educational purposes, and by
Commonwealth and State government departments for government purposes,
provided fair payment is made. For more information, see
before re-using any content from this website.
Any other use of content requires the prior written
permission of MYPROFILE PTY LTD.
Myprofile Pty Ltd is
reliant on the Copyright Act to receive fair payment and distribution income
from allowing its copyright material to be downloaded and used for
educational and or Government purposes.
The Australian Copyright Act allows educational
institutions to use text and images from the internet including downloadable
files for educational purposes and by Government, in ways that would
otherwise require a copyright clearance, provided fair payment is made.
These provisions are included in Statutory Licences for Educational Use
regulations. The Australian Government has appointed Copyright Agency to
manage the use of content in reliance on these provisions (the educational
Under The Educational Statutory Licence, teachers, careers
advisers, career councillors, students and those in education may download
files; make copies, including a print-out or photocopy or “copy & paste” any
part of the website for educational use, including study or research.
3. Links to our websites
You may link
from your site to our sites, provided that it is clearly indicated on your
site that the content being accessed is the property of MYPROFILE. These
links must not be for financial gain and you may not collect personal data
from these links. You may not reproduce any content from our website onto
your website and all links must link directly to a MYPROFILE website for
downloads and information.
4. Links to other sites
Links may be
provided on MYPROFILE websites from time to time to other websites for the
convenience of users. The inclusion of these links does not in any way imply
endorsement by MYPROFILE. These other sites will have their own privacy
policies and may collect or solicit personal information. MYPROFILE policies
and procedures do not apply to any external links.
that all Profile Reports are based solely on information provided by the
user in response to an online questionnaire and that MYPROFILE cannot
warrant the accuracy or truthfulness of the user’s response. MYPROFILE
reports are intended to provide general behavioural information regarding
the user’s personality and are a guide to assist users in their careers or
personal development and education. This includes all MYPROFILE reports but
not limited to MYCAREERMATCH, JOBPROFILE, MYPROFILE and MYRESUME.
6. Limitation of Liability and Indemnity
MYPROFILE, its Directors, Associates, Consultants, Staff or Clients are
not liable for any direct, indirect, punitive, incidental, special,
consequential damages or any damages whatsoever including and without
limitation, any damages arising out of, or in any way connected with, the
use or performance of the MYPROFILE Report or analysis of the user or any
impact of any comments or analysis in respect of any decision of any person
to employ, continue to employ or offer employment to, the user or otherwise,
arising out of the use of the MYPROFILE Program.
In no event shall MYPROFILE, its officers, employees,
partners and agents be liable to you for any damages or claim for lost
profits or income, failure to secure or maintain employment, loss or
depletion of goodwill or loss of opportunity, emotional stress and
suffering, or damages resulting from lost data or business interruption or
any indirect or consequential loss resulting from your use, inability to
use, interruption, suspension or termination of the Web Site, online
assessment, or your reliance upon any material or report, whether based on a
breach of warranty, or contract, tort, misrepresentation or otherwise.
7. Use of personal information
MyProfile discloses information provided by you to its
education partners. These partners may contact you to discuss career or
education options, course study or provide employment and resume assistance.
We do not share your information with overseas organisations. MyProfile uses
Session Cookies for the purpose of its online assessment surveys. Once the
survey is completed the Session Cookie is removed. We do not leave Cookies
on your browser nor do we collected your IP address or any other such
details relating to your internet or installed applications.
terminate a Client agreement by giving the Client 30 days’ notice in writing
by email to this effect. Clients wishing to terminate their agreement with
Myprofile must give 30 days’ notice in writing by email.
Fees are set by MYPROFILE and
include Goods and Services Tax (GST) where applicable. MYPROFILE reserves
the right to set fees as may be determined by the company and to advise
Clients by notifying them in writing by email 30 days in advance of any
10. Web Site
MYPROFILE uses all
reasonable efforts to ensure the contents of its Web Site are accurate and
up to date and that the Web Site is available 24 hours a day. However, the
information may contain inaccuracies or typographical errors, and MYPROFILE
makes no representations about the accuracy, reliability, completeness, or
timeliness of the information, software or links. Changes are periodically
made to the Web Site and may be made at any time. The Web Site may be
unavailable or access may be interrupted from time to time due to technical
failure. MYPROFILE does not warrant that this Web Site and its server are
free of computer viruses, infection, worms and Trojan horses and other
harmful codes or properties. If your use of the Web Site or the information
results in the need for servicing or replacing equipment or data, MYPROFILE
is not responsible for those costs.
Under no circumstances shall MYPROFILE be held liable for
any delay or failure in performance resulting directly or indirectly from
acts of nature, forces, or causes beyond its reasonable control, including
without limitation, incorrect email addresses, internet failures, computer
equipment failures, telecommunication equipment failures, other equipment
failures, electrical power failures, orders of domestic or foreign courts or
tribunals, or non-performance of third parties.
11. Conditions of Use
Myprofile products are for the exclusive use of Myprofile clients.
Products include, Myprofile, JobProfile, MyResume, MyCoach, MySalesSuccess,
MyCareerMatch, MyChild, JobMatch and include all private label and rebranded
products. Myprofile products cannot be sold, re-sold, shared, transferred or
provided free of charge to any other entity or person. A breach of these
terms will lead to Termination and legal action.
This Agreement is
governed by and construed in accordance with the laws of New South Wales,
Australia and the Parties agree to submit to the exclusive jurisdiction of
the courts of New South Wales, Australia. Any legal matter arising will
commence and conclude within the jurisdiction of the NSW Courts.