Career Central Limited Terms of Use
Last updated 15 October 2020
1. Introduction and Acceptance
Career Central is a web-based student career management platform system owned and operated by Career Central Limited. It provides integrated career assessment, planning, management and reporting tools for secondary school age students and staff on an annual subscription basis. These Terms of Use apply to Career Central Limited (“we“, “us“, “our“) and all users of Career Central, such as the secondary schools which contract with us to use Career Central (“you” “your”), and, other persons who you authorise to access or use Career Central (each an “authorised user“).
These Terms of Use (“Terms”) govern your access to and use of Career Central’s website, products and services (“Services”). Please read these terms carefully, and contact us if you have any questions. By accessing or using our Services, you agree to be bound by these Terms of Use and by our Privacy Policy.
2. Privacy Practices
Career Central may collect, hold, use or disclose your personal information in order to provide you with the Services and for the purposes set out in our Privacy Policy: Privacy Policy
3. License to Use
We grant you a limited, non-exclusive, revocable licence to use the Services in accordance with these Terms of Use, unless terminated by Career Central. You agree that you will only use the Services for your own end-use and that you will not distribute, transfer, sublicence, sell or lease the Services to another person.
4. Restrictions and Limitations of Use
You are responsible for your conduct, content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
a) You must not use the Services for any other purpose other than the purpose that we specify.
b) You must not use our Service for the purpose of building or creating a product or service that is similar to or in competition with our Services.
c) You must not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instruction that we provide.
d) You must not probe, scan, or test the vulnerability of the Career Central platform.
e) You must not use any manual or automated system or software to extract or scrape date from the websites or other interfaces through which we make our Service available.
f) You must not attempt to undermine the security or integrity of Career Central’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks.
g) You must not use, or misuse, the Services in any way which may impair the functionality of the Services or website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or website.
h) You must not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services are hosted.
i) You must not transmit, or input into the website, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use).
j) You must not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the website.
k) You must not make or permit any use of the Service in a way which in Career Centrals’ reasonable opinion is unacceptable, including where:
i) it involves the publication, communication or recording of anything which is false, defamatory, harassing or obscene;
ii) it involves the communication of unsolicited commercial electronic messages;
iii) it would involve the contravention of any person’s rights (including Intellectual Property Rights);
iv) it may contravene any applicable laws;
v) it involves removing or modifying any Service markings or any notice of Career Centrals’ rights;
vi) it involves making programs or materials using the Service;
vii) it involves commercially exploiting any part of the Service (including by making it available to any third party); or
viii) it involves distributing or transmitting any part of the Service by any means.
You agree that Career Central may immediately suspend your right to use all or any part of the Service, and remove or disable access to any person that contravenes the restrictions in this clause or is otherwise in breach of these Terms of Use. You indemnify and hold Career Central harmless against: all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation you may have to Career Central.
5. Authorised Users
a) In order to access the Service, students of a subscriber school must have an account. As part of the account set up process we may require personal information from Authorised Users. You warrant and represent that you have all necessary consents to provide Career Central with personal information about Authorised Users and you have informed those Authorised Users that their personal information will be collected, held, used and disclosed in accordance with our Privacy Policy.
b) Authorised Users use their school email address and password to access Career Central. They must keep this password secure and not allow others to access their account. You must notify us immediately of any unauthorised use of accounts. We are not liable for any loss or damage arising in connection with any unauthorised use of accounts.
c) Authorised Users who access their account with Career Central in association with their school will automatically grant access to their profile details and activity for school administration accounts. By creating an account through a school license, the Authorised User agrees to these terms.
d) You determine who is an Authorised User and what level of access to the Service that Authorised User has. You:
i) are responsible for all Authorised Users’ use of the Services;
ii) control each Authorised User’s level of access to the Services at all times;
iii) can revoke or change an Authorised User’s access, or level of access, at any time and for any reason.
e) You agree and acknowledge that you are responsible for ensuring compliance with these Terms of Use by all Authorised Users and any breach of these Terms of Use will be deemed a breach by you.
6. Service Provision
Career Central will endeavour to provide a continuous Service and ensure all information on the platform is up to date to the best of our knowledge.
a) Subject to clause 9)a, Career Central intends that the Services be available 24 hours a day, seven days a week, but, on occasions, the Services may be unavailable to permit maintenance or other development activity to take place.
b) In the case of technical problems, you can access our help desk resources, or open a support ticket under the help desk tab on your home page.
c) If for any reason Career Central has to interrupt the Services for longer periods than Career Central would normally expect, Career Central will endeavour to publish in advance details of such activity on the website.
d) We will not be liable for any incorrect or incomplete information displayed on our platform or website and are not responsible for its content and accuracy.
e) The purpose of our Services is to provide resources to help inform and shape career decision making by students, but it is not a substitute for independent professional career advice.
f) Career Central contains hyperlinks to third parties websites. We will endeavour to ensure that all links are current but we are not responsible for the contents of any linked content. The inclusion of any link does not imply any endorsement of the link by Career Central. Any link, which takes you to a third-party website should only be clicked on at your own risk.
7. Subscription Terms
Career Central provides access to the Service on a 12 month subscription. Your initial subscription commences on the date you are granted access to the Services and continues for 12 consecutive months, then automatically renews for successive 12 months (1 January to 31 December), until terminated in accordance with the terms outlined in this agreement.
8. Subscription Fees and Payment
You must pay us the applicable subscription fee for the subscription period as detailed in our Price List (amended from time to time). An invoice for the subscription fee will be issued annually on the 20th January. If you were granted access to use the Career Central Service part way through the school year then you will be invoiced for the period remaining of the school term in the relevant school year. For example, if you are granted access half way through term two then You will be invoiced 50% of the full fee given that there are two full terms remaining. In subsequent years you will be invoiced for the full year (1 January to 31 December).
a) You must pay without deduction or set-off of all amounts specified in any invoice by the due date for payment, which is the 20th day of the month following the date of the invoice.
b) You are responsible for payment of all taxes and duties in addition to the subscription fee.
c) If your subscription is terminated for any reason due to your breach of these Terms of Use, fees are not refundable in whole or in part, and you must pay the outstanding invoice amount.
d) You must ensure that you pay the correct subscription fee for the number of users at your school which also reflects the plan for which you have subscribed.
e) You must notify us promptly of changes to the number of users or any other factors that may impact upon your obligations under these Terms of Use or the subscription fees that are payable to us.
f) You acknowledge that you are subscribing to Career Central on the basis of current functionality and features, and that we make no warranties or representation that additional functionality, features or enhancements will be made to Career Central.
g) If you terminate the subscription prior to the end of the relevant subscription period, the subscription fee will not be refunded to you.
9. Disclaimer
a) The Services are provided to you on an ‘as is’ and ‘as available’ basis and may from time to time contain errors, faults and inaccuracies. To the extent permitted by law, Career Central makes no representation and provides no express or implied warranty or guarantee in relation to the Services, the security of the Services, the safety of any file or software associated with it (such as safety from any virus or defects including those which could damage or interfere with any data, software or hardware used with the Service) or that access to the Services will be uninterrupted or continuous.
b) While reasonable care is taken in its preparation, to the extent permitted by law, Career Central does not guarantee or warrant the accuracy, quality, completeness, reliability or currency of the Services (including any errors in or omissions from the content of the Services), or of any materials, information, products or services promoted or accessed via the Services.
c) You also acknowledge and agree that internet transmissions are never entirely secure or private and that any message or information you provide through the Services may be read or intercepted by others. Career Central will not be liable for any interception, ‘hacking’ or other unauthorised access of information through the Services by unauthorised third parties.
10. Limitation of Liability
d) The total liability of Career Central, whether in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising out of or in connection to your access, use of or inability to use the Services, or any errors or omissions in the content thereof, is limited to the total subscription fee paid by you for the Services in the 12 month period prior to the event or incident giving rise to the relevant liability.
e) If you are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 12.
d) If you are acquiring the Services for your business purposes, then the parties agree that:
the Services supplied under these Terms are supplied by Career Central and acquired by you ‘in trade’ within the meaning of the Fair Trading Act 1986 (“FTA”) and the Consumer Guarantees Act 1993 (“CGA”);
Services supplied under these Terms will be acquired by you solely for your business purposes;
the CGA and sections 9, 12A and 13 of the FTA will not apply to these Terms or any Services supplied under these Terms; and
it is fair and reasonable to exclude the application of these statutes and provisions.
You acknowledge that you have had a reasonable opportunity to review these Terms and receive legal advice.
11. Intellectual Property
You acknowledge and agree that:
a) all intellectual property rights (whether registered or unregistered) in the content, layout, design, concept, graphic, software and organisation of the Services, and all related graphics, logos, trade marks, product and service names (including Career Central) (Career Central’s IP) are owned or licensed by Career Central;
b) you will not do anything to, or which might, hinder, impede, invalidate or challenge Career Central’s ownership of or entitlement to use or the registration of any part of Career Central’s IP or which might diminish the value of Career Central’s IP in the Services; and
c) any use of the Services, including its content and other related services, other than as expressly permitted by these Terms of Use or by law, is strictly prohibited.
d) Career Central will own any changes, modifications or improvements to the Services and you hereby assign any intellectual property rights you may have in the changes, modifications or improvements to Career Central.
e) Title to, and all intellectual property rights in, the data remain your property. However, your access to the data is contingent on full payment of the Career Central subscription fee when due. You grant Career Central a non-exclusive, royalty-free, irrevocable and transferrable licence to use, copy, transmit, store, and back-up your information and data for the purposes of enabling you to access and use the Services and for any other purpose related to provision of the Services to you.
f) You must maintain copies of all data inputted into the Service. Career Central adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of data. Career Central shall not be responsible for, and expressly excludes, all liability for any loss of data no matter how caused.
g) If you enable third-party applications for use in conjunction with the Services, You acknowledge that Career Central may allow the providers of those third-party applications to access your data as required for the interoperation of such third-party applications with the Services. Career Central shall not be responsible for any disclosure, modification or deletion of your data resulting from any such access by third-party application providers.
12. Information
You warrant that all information provided about a user is complete, accurate and not misleading. You also agree to provide such assistance as reasonably requested by us to respond to requests for access or correction of personal information from a user.
13. Governing Law
These Terms of Use is governed by the laws of New Zealand. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, it shall be severed and will not affect the remainder of these Terms of Use, which will continue in full force and effect. All rights not expressly granted are reserved.
14. Termination
Career Central provides access to the Services on a 12 month subscription (1 January to 31 December) (“Initial Subscription Period“), then automatically renews for successive 12 month minimum terms (each a “Renewal Subscription Period“) unless notice of termination is provided in accordance with 14(a).
a) Either party can only terminate the subscription after:
– the expiry of Initial Subscription Period by giving notice at least 30 days before the end of the Initial Subscription Period;or
– the expiry of any Renewal Subscription Period by giving notice at least 30 days before the end of the relevant Renewal Subscription Period.
b) Career Central may suspend or terminate access to the Service if the subscription fee has not been paid by or on the invoice due date.
c) Career Central may suspend or terminate access to the Service at any time including if you breach any term of these Terms of Use or if we decide to cease operating the Services. We will provide notice to you in the event of a termination.
d) In the event that your access is terminated due to your breach you will not be entitled to any credit or payment.
15. Changes to Terms of Use
We reserve the right to change the terms of these Terms of Use at any time, and you should check these Terms of Use from time to time for that reason. The “last updated” note at the top of this page indicates when these Terms of Use were last revised. We will provide notification via the Career Central platform of any changes to these Terms of Use. If we amend this Agreement and you continue to use of Career Central, then you accept the amended Terms of Use.
By registering to use the Service you acknowledge that you have read, understood and agree these Terms of Use.
Contact
If you have any concerns or questions regarding these Terms of Use, please contact us at: [email protected]