Terms and Conditions
Savage Recruitment Academy Platform Terms of Use
These Terms of Use apply to the use of The Savage Recruitment Academy software (Platform). By using the Platform, you agree to be bound by these Terms of Use and all policies published by us on the Platform from time to time (Policies). If you do not accept these Terms of Use or any of our Policies, you must refrain from using the Platform.
In these Terms of Use, the expressions:
a) “we”, “us” and “our” are a reference to Savage Recruitment Systems Pty Ltd; and
b) “you”, “your”, “yours” are a reference to the person procuring our services and its nominated users (as the context requires).
1. Amendments to Terms of Use
We reserve the right to amend these Terms of Use and our Polices from time to time. We may post the amended Terms of Use or Policies on the Platform or email them to your nominated email address. Any amendment that results in the imposition of or increase in charges, your increased responsibility, or reduced service available to you will be notified in writing within thirty (30) days prior to the effective date. However, notice is not required when the amendment is necessary for legal, security or other substantive reasons, or to assist the proper delivery of the service. Your continued use of the Platform following such notification will represent an agreement by you to be bound by the Terms of Use and Policies as amended.
2. Services and Fees
We will provide you with the services described on the Platform, in our proposal or as otherwise agreed by us in writing, in accordance with these Terms of Use (Services). Such Services may include access to educational materials and other information (together, “Data”).
You shall pay us for the Services the fees at the rate and in the manner specified on the Platform, in our proposal or as otherwise agreed by us in writing (Fees) when they are due. We may change the Fees from time to time by providing you with fourteen (14) days’ notice by posing updated Fees on the Platform or notifying you otherwise, provided that any changes to the Fees will not apply to already pre-paid Fees during the period(s) such Fees cover.
Unless otherwise described on the Platform, in our proposal or as otherwise agreed by us in writing, the Fees (and, if applicable, other amounts – such as taxes) will be direct debited from your nominated account in advance of the billing period (for example, for annual subscriptions, the annual Fee will be charged in full at the beginning of the term). We use Stripe as a payment services provider. Stripe’s Terms of Service and Privacy Policy can be viewed on Stripe’s website: https://stripe.com/au. We may store (via our payment services provider) and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and you must keep your payment method current.
The Fees are in Australian Dollars unless otherwise specified on the Platform or otherwise agreed by us in writing and are exclusive of GST, VAT and all taxes, duties and charges imposed or levied in in any country in connection with the supply of the Services.
In the event that there is a change in the number of licenses (users of the Platform nominated or otherwise allowed by you to use the Platform) or type or complexity of the Services, we shall be entitled to payment of an additional fees as per our then current rates.
You agree that your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
If you don't pay the Fees when they are due for payment, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the Platform. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
3. Term, subscription and restricted use
Subject to your compliance with these Terms of Use, we grant you for the term agreed by us in writing or via Platform subscription (“Term”) a limited, non-exclusive, non-sublicensable, revocable, non-transferrable right to access and use the Platform, Services and Data, in each case, unless otherwise agreed by us in writing, solely for the internal purposes of your business and for strictly non-commercial use. Any rights not expressly granted herein are reserved by us and our licensors.
Unless otherwise agreed by us in writing, at the end of the Term (or any renewal term) your subscription will renew for a further term(s) of the same duration as the preceding term, unless either party provides the other party with at least thirty (30) days’ notice prior to the expiry of the then current term of its decision not to renew the subscription. Such automatic renewals will be subject to our then current fees.
Without limiting the foregoing, you may not without our written permission on-sell, commercialise or make available to any third parties any Data or Services, or provide access to the Platform.
4. Service Eligibility
To use the Services, you agree that you and your nominated users: (1) must be the “Minimum Age” (18 years old) or older; and (2) are not already restricted by us from using the Platform.
5. Accessing the Platform and number of licenses
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; it is also at their discretion as to transferring your account to another employer should you leave.
To access and use the Platform, you must create an account. You can only have one account on the Platform per user which must be in the user’s real name. You acknowledge and agree that we may monitor your use of the Platform in order to verify that the Platform is not used by multiple users under one account.
You agree to:
a) pay us correct Fees with the reference to the number of users; and
b) ensure that your users comply with these Terms of Use and Policies.
As a user of this platform you agree that you:
a) must use the Platform, Services and Data in accordance with the Terms of Use and Policies;
b) are responsible for creating strong password, protecting the confidentiality of your password and other login details and not sharing the same with any other persons;
c) agree to provide current, accurate and up-to-date information about yourself and your nominated, pursuant to these Terms of Use;
d) must ensure that your access to and use of the Platform, Services or Data is not illegal or prohibited by laws which apply to you and must otherwise comply with all relevant laws and regulations;
e) will not bypass measures used to prevent or restrict access to the Platform.
You must notify us immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of, or visitor to, the Platform attributable to using your password or account as a result of your failing to keep your account information secure and confidential. You must not use anyone else’s password or account at any time without our express, prior, written permission. We will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to refuse any user access to the Platform if the user violates these Terms of Use or Policies, where permitted by law, or for any other reason permitted by law.
Without limiting other provisions of these Terms of Use, you must not (whether by yourself or through any third parties (including search engines), without our prior written consent:
a) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content;
b) in any way reproduce or circumvent the navigational structure or presentation of the Platform, Services, Data or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by us;
c) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
d) overlay or otherwise modify the Platform, Data or Services or their appearance;
e) attempt to gain unauthorised access to any portion or feature of the Platform, or to any of the services offered on or through it, by hacking, password “mining” or any other illegitimate means;
f) probe, scan or test the vulnerability of the Platform or any connected network, nor breach any security or authentication measures;
g) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform or any other customer of us, including any account not owned by you, to its source;
h) exploit the Platform, Services or Data in any way where the purpose is to reveal any information, including but not limited to personal information, through any means not purposely made available by us, other than your own personal information, as provided for by the Platform;
i) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform;
j) monitor the Services’ availability, performance or functionality for any competitive purpose or otherwise;
k) use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Platform or any transaction being conducted on, or any other person’s use of, the Platform;
l) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or communication you send to or through the Platform or any service offered on or through it;
m) pretend that you are, or that you represent, someone else, or impersonate any other individual or entity;
n) imply or state that you are affiliated with or endorsed by The Savage Recruitment Academy (e.g., representing yourself as an accredited The Savage Recruitment Academy trainer);
o) rent, lease, loan, trade, sell/re-sell access to the Platform, Services or Data, or otherwise monetize the Platform, Services or Data without our prior written consent;
p) reverse engineer any of the Platform to determine any design structure, concepts or methodology behind any of them or to incorporate any of them in any other software or product or for any other purpose;
q) interfere with or disrupt the Platform, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
r) create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
s) remove any copyright, trade mark or other proprietary notices from any portion of the Platform or Services;
t) modify, enhance, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Platform or Services;
u) make available to third parties or commercialise the Platform, Services, Data or any information, products or services obtained therefrom.
7. Intellectual Property Rights
We retain at all times all title, ownership, and intellectual property rights in and to the Platform, Services and Data and any modifications thereto. You acknowledge and agree that you are given a limited, personal right to use the Platform, Services and Data only for the Term and subject to your compliance with these Terms of Use.
Copyright in the Platform, Services and Data (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.
If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
a) in or as the whole or part of your own trademarks;
b) in connection with activities, products or services which are not ours;
c) in a manner which may be confusing, misleading or deceptive;
d) in a manner that disparages us or our information, products or services (including the Platform).
If you provide us with any feedback or suggestions in relation to the Platform or Services (Feedback), all intellectual rights in the Feedback will vest into us immediately upon receipt. You waive all moral rights you have in your content provided to us and Feedback to the fullest extent permitted by law.
With the exception of information about your business and Personal Information or Personal Data (as defined in the applicable privacy legislation) entered into the Platform by you or your employees (Your Data), the Data and any other data generated by the Platform shall remain our property. Your Data remains your property. You grant us a worldwide, limited term license to access, use, process, copy, distribute, perform, export, and display Your Data to the extent necessary to provide the Services to you.
Notwithstanding the foregoing or any other provision of these Terms of Use or Policies, you acknowledge and agree that:
a) upon termination of this agreement for any reason, we may retain Your Data as required by law; and
b) subject to our compliance with applicable privacy laws, both during the Term and following the expiry or termination of our agreement with you, we may use de-identified, anonymised or aggregated data for any purpose.
You represent and warrant that:
a) you have obtained all necessary consents, rights, releases and permissions to submit all Your Data to the Platform and to grant the rights granted to us in these Terms of Use; and
b) Your Data and its submission and use pursuant to these Terms of Use will not violate any applicable laws, any third-party intellectual property, privacy, publicity or other rights, or any of your or third-party policies or terms governing Your Data.
You indemnify us and our related bodies corporate (and our respective officers, directors, agents, subsidiaries, joint venturers and employees) from and against any and all claims, costs, damage, loss, liability, and expense arising from any breach of this warranty. Notwithstanding any other provision of these Terms of Use, you acknowledge and agree that we do not promise to store or keep showing any information and content that you have posted via Platform.
If in the course of you using the Platform, you provide us with or we otherwise collect on your behalf or due to your use of the Platform or Servies, any personal information, you agree to the collection, transfer, storage and processing of such personal information in accordance with our Privacy Policy.
Both you and us must comply with our respective obligations under applicable data protection laws.
10. Notices and Service Messages
You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
A party shall not, without the prior written approval of the other party, unless it is legally compelled otherwise, disclose the other party's Confidential Information and can only use such Confidential Information to the extent permitted by these Terms of Use.
In these Terms of Use, “Confidential Information” means:
a) the design, specification and content of the Platform and Services;
b) the Data;
c) information of a party which due to its nature can be reasonably considered to be confidential.
TO THE EXTENT PERMITTED BY LAW, SAVAGE RECRUITMENT ACADEMY (AND THOSE THAT SAVAGE RECRUITMENT ACADEMY WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
While we take reasonable steps to ensure that information published on or otherwise generated via the Platform is accurate, such information is fairly general in nature and is not intended to replace a professional advice, as such, do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy, currency completeness or availability of information contained on the Platform. We do not accept liability for any losses arising directly or indirectly (from a failure to provide the Platform, Services or Data, corruption to or loss of data, errors or interruptions, or any suspension or discontinuance of the Platform or Services. The entire risk arising out of your use of the Platform, Services and Data remains solely with you - to the maximum extent permitted under applicable law, including the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)) (ACL).
You understand that any message or information you send to the Platform or that the Platform sends to you may be read or intercepted by others, even if there is a special notice that a particular communication is encrypted. You must take your own precautions to ensure that the process which you employ for accessing the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
13. Exclusion and limitation of Liability
Nothing in these Terms of Use excludes, restricts or modifies any condition, warranty, right or liability implied in these Terms of Use or protected by law to the extent that such exclusion, restriction or modification would render these Terms of Use or any provision of these Terms of Use void, illegal or unenforceable. SUBJECT TO THAT, WE, OUR RELATED BODIES CORPORATE, AFFILIATES AND THOSE WORK WITH TO PROVIDE THE PLATFORM, SERVICES OR DATA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY (WHETHER FOR BREACH OF CONTRACT, UNDER INDEMNITY, NEGLIGENCE OR ON ANY OTHER LEGAL OR EQUITABLE BASIS) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DOWNTIME, LOSS OF USE, BUSINESS, REPUTATION, CONTRACT, GOODWILL, DATA (INCLUDING ANY CHANGES TO, YOUR INFORMATION OR CONTENT), OPPORTUNITIES, PROFITS OR REVENUES, OR ANTICIPATED BENEFITS OR SAVINGS OR FOR ANY DELAY, FINANCING COSTS OR INCREASE IN OPERATING COSTS. OTHERWISE, OUR AND OUR RELATED BODIES CORPORATE, AFFILIATES AND THOSE THAT SAVAGE RECRUITMENT ACADEMY WORKS WITH TO PROVIDE THE SERVICES, MAXIMUM AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, UNDER INDEMNITY, NEGLIGENCE OR ON ANY OTHER LEGAL OR EQUITABLE BASIS) is limited to the Fees paid by you for the Services that gave rise to a claim during the twelve (12) months period immediately preceding the first event giving rise to a claim.
To the extent that the ACL or other consumer law applicable in your jurisdiction applies, our liability for breach of a guarantee conferred by the ACL or such other consumer law applicable in your jurisdiction is limited to any one of the following (as determined by us):
a) the supplying of the Services again; or
b) refund of the Fees (or part thereof) paid by you for the affected Services.
If you utilise any othertechnologies (for example, Google Chrome or other browsers) (Third Party Providers) to access the Platform, you acknowledge and agree that you are responsible to comply with the Third Party Providers’ relevant terms and policies (for example, terms of use and privacy policy).
15. Links to third party websites
The Platform may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. You will need to make your own independent assessment of any third-party links.
We reserve the right, but are not required, to provide updates to
the Platform to alter, improve or add to the functionality of the Platform or to overcome defects in the
Platform. If we choose to provide an update and such update is a "Major
Update", that is, an update that will or is likely to materially
affect your ability to access and use the Platform, then we will provide you
with reasonable notice of the upcoming update. The notice will identify the
nature of the update and its anticipated effect on your ability to access and
use the Platform. For the avoidance of doubt: (a) we may provide notice of a
Major Update via email; and (b) we are not required to provide you with notice
of an update that is not a Major Update. We may make minor updates to the
Platform and these may be implemented without notice to you. We will not
exercise its rights under this clause REF _Ref159259085 \r \h
16
17. Termination
a) you have, or we believe that you have, breached or likely to breach these Terms of Use (which includes any of our Policies) or any applicable laws;
b) you have failed to pay applicable Fees when due;
c) you are insolvent or enter into external administration;
d) we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, other Platform users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
e) if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.
a) immediately upon notice to you due to any legitimate business, legal or regulatory reasons;
b) for convenience upon thirty (30) days’ notice to you. If we will terminate or discontinue the Services for convenience, we will refund you the Fees (or part thereof – as the case may be) on a pro-rata basis.
18. Consequences of termination
If your access to the Platform is cancelled of suspended pursuant
to clauses REF _Ref178682360 \r \h \* MERGEFORMAT 17.1
If your access to the Platform is cancelled of suspended pursuant
to clause or REF _Ref159242425 \r \h \* MERGEFORMAT 17.2
On termination you must immediately cease all use of the Platform, Services and Data and remove or destroy any copy of all or part of the Data in your possession or control.
Sections REF _Ref178680800 \r \h 6
The parties must use their
reasonable endeavours to resolve through negotiation all disputes, conflicts
(including, without limitation, conflicts of interest) differences or questions
between them arising out of or in connection with these Terms of Use. If within
10 business days (that is, days that are not weekends or public holidays in
Sydney, Australia), the dispute cannot be resolved following negotiation
between the parties, either party may refer the dispute for arbitration. The
parties agree to negotiate in good faith to agree on the appointment of a
single arbitrator, or failing agreement as appointed by the President of the
New South Wales Law Society (if all the parties are situated in Australia) or
(where one or more of the disputing parties is not situated in Australia) to an
arbitrator appointed by the Australian Centre for International Commercial
Arbitration Court (ACICA). The arbitration will be conducted in
Australia in accordance with the ACICA Rules operating at the time the dispute
is referred to ACICA (the Rules). The terms of the Rules are deemed
incorporated into these Terms of Use. If a party fails to adhere to the terms
of this clause REF _Ref159400978 \r \h 19
These Terms of Use and Policies constitute the entire agreement between us and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.
These Terms of Use shall be governed and construed in all respects by the laws of New South Wales, Australia. You agree that any claim or dispute you may have against us must be resolved by the courts of New South Wales, Australia. You and us both agree to submit to the non-exclusive jurisdiction of Courts of New South Wales, Australia.
No right under these Terms of Use shall be deemed to be waived except by our notice in writing.
If any provision of these Terms of Use is held invalid, unenforceable or illegal for any reason, these Terms of Use shall remain otherwise in full force apart from such provision which shall be deemed deleted.
We may assign or novate this agreement in our sole discretion upon notice to your nominated email address or by posting such notice on the Platform.
21. How To Contact Us
If you want to send us notices or service of process, please contact us: info@gregsavage.com.au
The Savage
Recruitment Academy
Copyright Greg Savage - 2024