These Terms of Use govern access to and use of the website of Monash College Pty Ltd trading as Monash Talent (Monash Talent, or we, us or our): www.monashtalent.com.au (the Website). By accessing the Website you acknowledge and accept these Terms of Use and Monash College’s Privacy Policy. You agree that the current version of the Terms of Use and the Privacy Policy (https://www.monashcollege.edu.au/__data/assets/pdf_file/0007/824290/mc-privacy-policy.pdf) applies to your use of the Website. If you do not agree with them, you should not use the Website or register as a user. If you have any questions, please contact us at graduates@monashtalent.com.au.

Use of the Website is subject to all applicable laws and regulations.

1. Definitions

1.1. In these Terms of Use the following words have the meanings set out below:

Candidate Profile means the profile created by Users in order to access the Services available through the Website.

Content means all content contained on the Website, including without limitation any text, graphics, user interfaces, visual interfaces, photographs, icons, advertisements, databases, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or made available on the Website.

Intellectual Property Rights means any trade marks, copyright, patents, design rights and all other forms of intellectual property rights vesting in the Content.

Loss means any damage, loss (including consequential loss and loss of profit), costs or expenses (including reasonable legal fees), liability, claim or action arising in connection with the use of the Website, whether arising under contract, negligence or any other tort, under statute or otherwise at all.

Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth).

Registered User means any User that has completed the registration or log-in requirements to create a Candidate Profile; and must be a graduate or student of a program from Monash University or Monash College.

Services means the services, information and resources provided by Monash Talent to Registered Users through the Website.

Third Party Websites means websites which are not owned or controlled by Monash Talent.

User, or You means any user of the Website.

2. General

2.1. By accessing, viewing, browsing, or using our Website in any manner, you confirm that you have read and understood our Terms of Use, you have the capacity to be bound by our Terms of Use, and you agree to be bound by them.

2.2. Monash Talent may amend these Terms of Use from time to time. Any amendments will be notified to you on the Website. You should ensure that you are aware of the current Terms of Use by carefully reading them each time you use the Website.

2.3 Notwithstanding anything in these Terms of Use, certain legislation including the Competition and Consumer Act 2010 (Cth), may imply warranties, conditions or guarantees or impose obligations or remedies which cannot be excluded, restricted or modified except to a limited extent. To the extent that such legislation applies, these Terms of Use must be read subject to those statutory provisions and nothing in them is intended to alter or restrict the operation of such provisions.

3. Registration

3.1 In order to access some of the functionality of the Website, you will need to become a Registered User. To become a Registered User you must:

a) be over 18 years old and capable of forming a legally binding contract;

b) agree to be bound by the Terms of Use;

c) register an account; and

d) create a Candidate Profile.

3.2 When registering an account with us, you must provide us with accurate and complete information and update it as necessary. It is your responsibility to inform us of any changes to that information (including without limitation your email address), by updating your details on the relevant section of the Website.

3.3 The right to use the Website is personal to you and is not transferrable to any other person or entity. You are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. Monash Talent will not be liable for any Loss that arises as a result of someone using the account created for you, either with or without your knowledge.

4. Use of the Website

4.1 Monash Talent grants to you a non-exclusive and non-transferrable right to use the Website solely for the purpose of applying for jobs advertised on the Website, on the condition that you comply with these Terms of Use.

4.2 You must not use the Website to:

a) gain or attempt to gain a commercial benefit (which for the prevention of doubt, does not include applying for advertised job);

b) provide or upload false or misleading information, create a false identity or use or attempt to use another person’s Candidate Profile;

c) defame, abuse, harass, stalk, threaten, breach the confidence of, or otherwise violate the legal rights (such as rights of privacy) of others;

d) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material;

e) circumvent the Website’s structure, presentation or navigational function so as to obtain information Monash Talent has chosen not to make publically available through the Website;

f) disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other Users, including through a denial-of-service attack or a distributed denial-of-service attack; or

g) attempt to modify, reverse engineer, or reverse-assemble any part of the Website.

4.3 Without limiting clause 4.2 above, you must comply with all applicable laws, regulations, codes or standards when using the Website.

5. Intellectual Property

5.1 Nothing in these Terms of Use or the Website constitutes a transfer of any Intellectual Property Rights to you and Monash Talent reserves all such Intellectual Property Rights. Your rights to use the website are limited to the licence set out in clause 4.

5.2 You are not permitted to use any logos displayed on the Website without our written approval.

6. Personal Information

6.1 In order to create a Candidate Profile you will be required to provide Monash Talent with certain Personal Information, including for example, your name, address, age, gender, résumé, academic transcript, and work status. Monash Talent may request that you provide information with respect to your race or ethnicity. Providing information with respect to your race or ethnicity is entirely voluntary on your part.

6.2 This Personal Information is collected for the primary purpose of enabling you to apply for employment with third parties. Other purposes of collection include system administration, preparation of statistical analyses and correspondence with you. If you choose not to complete all the required fields in the registration or advertisement forms, it may not be possible for us to provide services to you. You understand and consent that in order to facilitate the recruitment process on your behalf, Monash Talent may forward your Personal Information to potential employers at their sole discretion.

6.3 Any Personal Information collected by Monash Talent through the Website will be handled in accordance with our Privacy Policy available at

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ttps://www.monashcollege.edu.au/__data/assets/pdf_file/0007/824290/mc-privacy-policy.pdf

.

6.4 You have a right to access personal information that Monash Talent holds about you, subject to any exceptions in relevant legislation. If you wish to seek access to, or enquire about the handling of your personal information, please email graduates@monashtalent.com.au.

7. Limitation of liability

7.1 You acknowledge that:

a) the posting of graduate opportunities by Monash Talent does not imply an endorsement or recommendation of the organisation, or the opportunity advertised, by Monash Talent;

b) while Monash Talent uses reasonable measures to ensure the accuracy and currency of data or information made available on the Website, it is not responsible for the accuracy or currency of such data or information supplied to it by third parties.

c) Monash Talent does not guarantee that any employer or client will ask for your information, or will interview or hire you.

7.2 Monash Talent makes no representation or warranty as to the final terms and duration of any appointment obtained through this Website and you waive any claims against Monash Talent for failure to find you such appointment or in relation to the terms or duration of any appointment.

7.3 If the statutory provisions outlined in clause 2.3 apply, notwithstanding any other provision of these Terms of Use, to the extent that Monash Talent is entitled to do so, Monash Talent limits its liability in respect of any claim for Loss under those provisions to the supply of the services again or the payment of the cost of having services supplied again.

8. Links

8.1 The Website may include links to Third Party Websites. Monash Talent makes no guarantee as to the content, functionality, or accuracy of any Third Party Websites.

8.2 Third Party Websites are subject to the terms and conditions outlined by that third party.

8.3 Any links to Third Party Websites do not:

a) indicate a relationship between Monash Talent and the third party; or

b) indicate any endorsement or sponsorship by Monash Talent of the Third Party Website, or the goods or services it provides, unless specifically indicated by Monash Talent.

9. Termination

9.1 If Monash Talent reasonably considers you have breached these Terms of Use, Monash Talent may (at its option, and without limiting the remedies available to it in any way) bar you from accessing the Website on a permanent or temporary basis. If this occurs, you must not access or use the Website during the period of your suspension.

10. Complaints

10.1 If you have a complaint about Monash Talent, the complaint should be made to Louise Zoanetti by email at louise.zoanetti@monashtalent.com.au. We may then ask for further details in writing. All complaints are documented. We will not disclose the identities of the parties involved except:

a) with consent; or

b) where we are required by law to do so; or

c) where we believe that the parties involved or anyone else, may be at serious risk; or

d) where we determine this is necessary for Monash Talent to progress the resolution of the complaint.

11. Applicable Law

11.1 These Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia.

11.2 The parties agree that the courts of Victoria, will have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms of Use.

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