Educonnect - Terms of Use

The Educonnect website is owned and operated by Educonnect Australia Pty Ltd (ACN 128 634 622).

The following Terms of Use govern your use of the website located at www.educonnect.com.au either on your own behalf or on behalf of the entity, institute, agent or organisation that you may represent. These Terms of Use form part of any agreement entered into between Educonnect Australia Pty Ltd hereinafter referred to as Educonnect Australia ("Educonnect", "us", "we", "our") and you upon execution of the Educonnect Terms and Conditions consequent upon agreement to these Terms of Use." The term "you" refers to the person or entity accessing, visiting, browsing or otherwise using ("use" or "using" in these Terms of Use will mean any of the foregoing) the Website.

1. Introduction

1.1 All access to and use of the Website is subject to these Terms of Use. By accessing and using the Website you agree to be bound by these Terms of Use on your behalf or on behalf of the entity (institutions, agents or organisation) that you may represent. It is only by agreement to these Terms of Use that you will be permitted to proceed to use the Website subject to the Educonnect Terms and Conditions. If you are using The Website on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Use.
1.2 Content
Subject to the above you may view, download, print and reproduce certain information, material or content (including pricing, features and information of Courses and Institutions) contained on or provided through the Website for your informational purposes, only on the basis that by virtue of such reproduction you automatically agree to maintain any and all copyright, trade-mark or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Educonnect Australia.
1.3 The Website is intended for use by users including Students seeking to view information about the Courses on the Website, agents accessing information and supporting Students, institutions managing their information and communicating with Students. You should note that the Website (including courses, price references and descriptions) is frequently updated. The website can also be used by Agents and their staff to access and link with Student and assist them as required. The Website can also be used by Institutions and their Staff to respond to enquiries made by the Student and communicate with them on their future studies.
1.4 We may amend these Terms of Use at any time and so we recommend that you refer to these Terms of Use each time you use the Website. The amended Terms of Use will be effective from the date they are posted on the Website. You agree that your continued use of the Website will constitute your ongoing acceptance of the amended Terms of Use. If you breach any provision of these Terms of Use then your right to access and use the Website will immediately cease.
1.5 Intellectual Property and Ownership
As between you and Educonnect Australia, the Website and the Content, including, without limitation, all designs, graphics, pictures, illustrations, software, systems, processes, artwork, videos, music, sounds, names, words, titles, phrases, logos, trade-marks, service marks and trade names displayed on the Website, are owned or licensed by Educonnect Australia and are protected by copyright, trade-mark and other intellectual property laws.
We expressly reserve all rights in the Website, including, without limitation, the Content, that are not specifically granted to you. By agreeing to these Terms of Use you acknowledge that all right, title and interest in the Website, including, without limitation, the Content, all other derivative work thereof, and all intellectual property rights therein will remain with us (or our third-party suppliers, if applicable).
Notwithstanding any other provision contained herein, any matter displayed and already protected in any of the manners abovementioned in the interests of an entity other than Educonnect will remain the property of such other party as aforesaid.

2. Privacy Policy

2.1 We take your privacy seriously. Please read the Educonnect.com.au privacy policy accessible via the following link Privacy Policy to find out how we use the information that you provide to us. Your use of the Website is at all times subject to the provisions of our Privacy Policy.

3. Third party Websites

3.1 The Website may provide links to third party websites, including, without limitation, those of affiliated institutions and agents. These links are for the convenience of all users of the Website. We do not endorse the information, products or services described on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose.
3.2 The links that we might place on the Website do not imply that we sponsor or are affiliated or associated with or have been legally authorised to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites, except where expressly indicated as such by us. The content in any linked website is not under our control and does not form part of the Website, and if you choose to access any such website, you do so entirely at your own risk.
3.3 We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any product obtained after using the Website or for any acts, omissions, errors or defaults of any third party in connection with that product.
3.4 By submitting personal details through the Website, Students are able to send an enquiry or make an application to an Institution. That application may be accepted or rejected based on the particular Institutions' terms and conditions. The contract for the product or service will only be concluded once an application has been formally accepted.

4. The Educonnect service and how we are paid

4.1 We provide a service on the Website which enables you to research and compare courses and relevant information, all of which are provided by third parties. We provide a service on the Website which enables you to click through to a range of institutions and view their courses and compare and connect with them.
4.2 Our course comparison service is free to students on the basis that any resulting payment arising from an enrolment in a course will be made to Educonnect Australia by the relevant Institution.

5. Permitted use

5.1 You are only permitted to use the Website for personal use unless you are using on behalf of the organisation that you represent and has agreement with Educonnect Australia Pty Ltd, subject to your compliance with these Terms of Use. Commercial use of the Website is strictly prohibited. You are not permitted to do anything that may affect the security of the Website or any information or material stored within it.
5.2 You agree not to:
1. use any automated tool (such as a spider, robot or aggregation tool) to access, copy or extract such information;
2. copy or disclose to any person, any Website content, other than as expressly permitted by these Terms of Use;
3. use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging any Website content;
4. use any method or process to consolidate or combine any Website content with any other content, data, information, images or material;
5. reverse engineer, disassemble or otherwise attempt to construct or identify the Website's source code, formulas or processes;
6. use systematic, repetitive or any other methods which are designed to obtain a large number of comparisons, ratings or other information from the Website; or
7. post, distribute or send any 'spamming material' or any other form of bulk communication.
5.3 You are not permitted to use the Website in any unlawful or fraudulent manner. You agree that if you provide any information on the Website, that information will be true, accurate and complete.

6. Registering an account

6.1 The Website allows for the creation of a personal account for Students and other accounts for Agents and Institutions users on behalf of their organisation. The Website may allow you to sign in to your account by generating a standard username and password, or by using your social media username and password. Any such account or access details provided or created by you will be referred to collectively as "Login Details".
6.2 In all cases, if you create a personal or company login account, you agree that:
1. your Login Details must be used by you only;
2. you will keep your Login Details secure and confidential at all times and will not disclose these to any other person. For security purposes we recommend that you change your password at least once every 6 months;
3. you are responsible for all actions that take place as a result of access to the Website's services via your Login Details; and
4. any breach of these Terms of Use under your Login Details will be treated as a breach by you.
6.3 If you believe that the security of your Login Details is compromised you must notify us in writing immediately, but in any event you should change your password immediately. We will not be liable for any loss you incur due to any unauthorised use of your Login Details (including if someone else accesses your account through Login Details they have obtained from you, through a violation by you of these Terms of Use or otherwise).
6.4 We may disable or close your account at any time as a result of any suspected or actual unauthorised use of your Login Details and we will notify you by using the contact details that you have previously provided.

7. Exclusions of liability

7.1 The Website, content and services are supplied to you on a strictly "as is" basis and we make no warranties, express or implied, regarding their satisfactory quality, fitness for a particular purpose, reliability, timeliness, accuracy, completeness, security or that they are free from error.
7.2 We try to ensure that the information displayed on the Website is accurate, however your access to the Website and any action you carry out on the basis of information you obtain from the Website is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result.
7.3 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
7.4 Without derogating from any other provision contained herein we aim to provide uninterrupted access to the Website but we give no warranty as to the uninterrupted availability of the Website. We reserve the right to suspend, restrict or terminate your access to the Website at any time.
7.5 We will not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, or otherwise in relation to:
1. your use of, reliance upon or inability to use the Website or content;
2. the deletion with or without notice or cause of any of your data or information stored on the Website;
3. any loss of your content or communications resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Website at any time;
4. the removal from the Website of any content or communications sent or posted by you on or via the Website;
5. any circumstance that is outside of our reasonable control; and
6. any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into our agreement with you.
7.6 Nothing in these Terms of Use is intended to exclude or limit our liability for death or personal injury, or fraud or any other liability which we may not by law exclude or limit.

8. Indemnity

8.1 You agree to indemnify us, our directors, employees, agents, and contractors for any loss suffered, or any costs that may be incurred arising from your breach of these Terms of Use or your use of the Website.

9. Contact us

9.1 If you have any questions concerning the Website or the services and products we provide, please contact us on info@educonnect.com.au

10. Entire Agreement, Severance and Waiver

10.1 Without derogating from any other provision contained herein if any part of these Terms of Use is determined to be legally invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms will continue unaffected.
10.2 You or we will not be prevented from taking any further action if you or we fail to enforce the rights granted under these Terms of Use.
10.3 These Terms of Use along with our Privacy Policy and Terms and Conditions constitute the entire agreement between you and us relating to your access to and use of the Website and supersedes any prior agreements (including any previous terms of use of the Website).

11. Governing law and Jurisdiction

11.1 These Terms of Use and your access to and use of the Website is governed by and will be interpreted in accordance with the laws of New South Wales, Australia.