User Terms & Conditions
1 YOUR ACCEPTANCE OF TERMS AND CONDITIONS
1.1 The website http://www.upskillworld.com.au and the services (the Services) provided through the website (together referred to as the Website) and over other communication means are owned and operated by Upskill World Pty Ltd Pty Ltd ABN 35614768517 (Upskill World Pty Ltd). Any reference to “we”, “us” and “our” in these Terms and Conditions refers to Upskill World Pty Ltd.
1.2 The following terms form the Terms and Conditions for use of the Website and the Services and the terms of your relationship with Upskill World Pty Ltd
1.3 Please carefully read these Terms and Conditions before you use the Website and the Services. In using the Website and the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must not continue to use the Website and/or the Services.
1.4 These Terms & Conditions apply whenever you access the Website or utilise the Services, regardless of how you access the Website or interact with us.
1.5 We may revise these Terms and Conditions from time to time by updating the Terms and Conditions on the Website. The revised Terms and Conditions will take effect upon notice to you, which we may provide to you electronically by posting on the Website, sending by e-mail or any other means.
1.6 You will agree to End User Terms means individual contracts and agreed terms that will be signed between you and us on the agreed terms and for the duration as speculated by individual contracts.
2.1 Upskill World Pty Ltd is a business set up within intention to assist clients in acquiring the qualifications that would benefit them professionally. And provide professional services to migration agents.
2.2 The business operates as an agent acting for the benefit of the client and earns a commission for the services provided.
2.3 We partner with a series of third-party Registered Training Organisations (RTOs), Colleges and Agencies across Australia and assist the client in recruitment, pre-assessment of qualifications, enrollment and evidence collection.
2.4 The scope of our services does not extend to making competency assessment decision which is made solely by our partners being the Registered Training Organisations (RTOs) and colleges.
2.5 Our core areas of expertise is to assist in researching best-suited alternatives and in initial assessment processes, we do not guarantee positive assessment or position of any kind, as each applicant is assessed individually by the authorised bodies independently.
2.6 Upskill World Pty Ltd is in no way party to and will not be liable for or have any relationship with enforcing any agreement made between any two parties.
2.7 The value-added services provided by Upskill World Pty Ltd are independent of the other educational services and is developed in house.
3. INTELLECTUAL PROPERTY ON THE WEBSITE
3.1 All intellectual property in relation to the Website (including the content on the Website, the functionality of the Website and the software, design, text, data, algorithms, icons, logos, copyrights, designs, trademarks, concepts, sound recordings and graphics comprised in the Website) (“Intellectual Property”) belongs to Upskill World Pty Ltd or its licensors, advertisers, associated or related entities or affiliates.
3.2 Upskill World Pty Ltd and its associated or related entities retain all rights, title, and interest in and to the Website and the Intellectual Property, and nothing you do on or in relation to the Website, or any of the related content will transfer any rights, in the Intellectual Property or otherwise, to you, or license to you any such rights unless expressly stated otherwise in these Terms and Conditions
3.3 You agree not to do anything that interferes with or breaches our Intellectual Property rights. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise transfer any content on, or functionality in, the Website.
3.4 You may download and view content or print a copy of the material on the Website for personal, non-commercial use, if you do not modify the content in any way (including any copyright notice).
3.5 Except as granted under these Terms and Conditions, permission to reprint or electronically reproduce the Website, or any related content or functionality in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us via the communication methods available on the Website if you wish to obtain such consent.
4. USE OF THE WEBSITE
4.1 Upskill World Pty Ltd reserves the exclusive right, in relation to our Website: to access or examine any Content; and at our discretion, move, remove or disable access to Content which we consider, in our sole opinion, to be unacceptable or otherwise breach any law.
4.2 By using and accessing the Website or the Services, you agree and acknowledge that all communications on or through the Website are public communications. Upskill World Pty Ltd assumes NO responsibility or liability arising from any such Content.
4.3 You acknowledge that Upskill World Pty Ltd has no responsibility or liability for the deletion or failure to store any communications or content posted on the Website.
4.4 Upskill World Pty Ltd makes no warranty, representation or promise as to the availably of the Website or the Services. You acknowledge that Upskill World Pty Ltd may, in our sole discretion and without notice, vary, suspend or discontinue, temporarily or permanently, any or all of the Website or the Services and you agree we are not liable to you or any third party for such variation, suspension or discontinuance.
4.5 Upskill World Pty Ltd does not warrant that the users shall have a positive assessment for any of the services offered and does not claim any result without successful assessment of individual file and prospect by an authorized body.
5. THIRD PARTY CONTENT & LINKS
5.1 The Website may include links to third-party sites which are not related to Upskill World Pty Ltd and in relation to which Upskill World Pty Ltd has no control or interest. The appearance of those links on this site does not indicate any relationship between Upskill World Pty Ltd and that third party or any endorsement by Upskill World Pty Ltd of that third party, its site or the products or services which it is advertising on the Website.
5.2 To the extent permitted by law, the information on the Website is provided ‘as is’, without express or implied warranty. The inclusion of any link does not imply that we endorse the linked site. You use the information and links at your own risk.
6. INDEMNITY and LIMIT OF LIABILITY
6.1 You agree to defend, indemnify and hold harmless Upskill World Pty Ltd, its officers, directors, employees, agents, subcontractors, licensors, associated or related entities and/or suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Website, or resulting from, or alleged to result from, your use of the Website, a breach of your representations and warranties or your violation of any of these Terms and Conditions.
6.2 You further agree to defend, indemnify and hold harmless Upskill World Pty Ltd, its officers, directors, employees, agents, subcontractors, licensors, associated or related entities and/or suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising relating to any dealings you have or instigate with any vendors, agencies, and any other third parties.
You use the Website and the Services entirely at your own risk. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for these Terms and Conditions, might apply in relation to your use of the Website or the Services. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited to $100.
Notwithstanding anything to the contrary in these Terms and Conditions, in no circumstances will we be liable to you or any third party for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
8.1 These Terms and Conditions constitute the entire agreement between us and you in relation your use of the Website and the Services, and these Terms and Conditions supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and the Services.
8.2 The client is obliged to keep all information it receives and collects in respect of the applicant confidential. However, the client may need to disclose such information if required to do so by law, regulation or by order of a court of competent jurisdiction only.
8.3 The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration or termination of the Services.
8.4 These Terms and Conditions are governed by the laws of the Queensland, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland.
8.5 If any of these Terms and Conditions are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
8.6 If we do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.