1. Definitions

1.1 In these Terms & Conditions unless inconsistent with the context or subject matter:

‘Content’ includes any material, text, information, blogs, pictures, tools, sound, graphics, video, functions and other data forming part of or contained in the Website or Services from time to time whether in written form or otherwise.

‘Intellectual Property’ means all intellectual property rights, including without limitation inventions, patents, copyright, rights in circuit layouts, registered designs, trade marks, know-how, processes, concepts, intellectual property in the Services including the Website, the Content, the name “Study Work Grow” and any right to have information kept confidential and any application or right to apply for registration of any of these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms & Conditions.

‘Loss’ means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production, loss of life and any other special, incidental, exemplary, compensatory, consequential or indirect damages, losses or expenses howsoever arising or caused, including, without limitation, negligence, tort, contract or statute.

‘Newsletter’ refers to the Weekly Newsletters for each state.

‘School or Organisation’ means a school, college, educational provider, or tertiary education facility.

‘School or Organisation Community’ refers to the immediate community of the subscribing School or Organisation. The members shall be defined as such:

• Those employed by the School or Organisation.
• Those enrolled in the School or Organisation.
• The immediate family members of the above, including mothers, fathers, guardians, and siblings.

‘Services’ means the career advisory services, information, news, tools, functions, Content and support available when a User subscribes and pays the relevant fees and otherwise takes the steps described on the Website and these Terms & Conditions.

‘Study Work Grow’ means STUDY WORK GROW PTY LTD (ABN 626 075 018).

‘Subscriber’ refers to an individual or School or Organisation that has formally subscribed to the Services on an annually recurring basis.

‘User’ refers to any person in the process of accessing or using the Website and includes a Subscriber.

‘User Information’ means any information (including contact name, address, telephone number, email address and applicable billing information) documents, ideas, concepts, know-how or techniques or documents entered on the Website or otherwise supplied by a User.

‘Website’ means the website located at the domain studyworkgrow.com.au and includes Content.

1.2 Common terms:

• A reference to a person includes any other legal entity.
• A reference to a legal entity includes a person.
• Words importing the singular number include the plural number.
• Words importing the plural number include the singular number.
• The masculine gender must be read as also importing the feminine or neuter gender.
• A reference to a party includes the party’s heirs, executors, successors and permitted assigns.
• Headings are for reference purposes only and must not be used in interpretation.
• Where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning.
• A reference to a statute includes all regulations and subordinate legislation and amendments.
• References to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax.
• A reference to a monetary amount is a reference to an Australian dollar amount (unless otherwise specified).
• An obligation of two or more parties binds them jointly and each of them severally.
• An obligation incurred in favour of two or more parties is enforceable by them severally.
• References to time are to local time in Queensland.
• Where time is to be reckoned from a day or event, the day or the day of the event must be excluded.
• A reference to a business day means any day on which trading banks are open for business in Queensland.
• If any time period specified in this agreement expires on a day which is not a business day, the period shall expire at the end of the next business day.
• A reference to a month means a calendar month.
• A reference to data includes metadata.

2. Access

2.1 Read-only access to the Website is free. Access to the restricted password-protected section of the Website and all Services is subject to compliance with these Terms & Conditions including subscription and payments.

2.2 Study Work Grow grant to You a non-exclusive, non-assignable licence to use the Website in accordance with its normal and intended functionality and for personal or internal use only and strictly in accordance with these Terms & Conditions. Any use of the Website or Services not specifically permitted, designed or intended is strictly prohibited.

2.3 In order to use the Website, You require the equipment and connections necessary to access the World Wide Web. You are responsible for:

• the provision of any such connection or access to the World Wide Web;
• the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
• the provision of all equipment necessary for You to make any such connection to the World Wide Web, including a computer and a modem.

2.4 If a User accesses or uses the Website or Services on behalf of a company, other entity or School or Organisation, the User represents they have authority to bind such entity to these Terms & Conditions and that it is fully binding on it.

3. Membership

3.1 On receipt of a correctly signed and filled out contract from a User, including acknowledgement of your acceptance of our Terms & Conditions, and payment of initial fees, a User will become a Subscriber who is entitled to a 12 calendar month (1 year) subscription to the restricted password-protected section of the Website and all Services unless otherwise agreed to by both parties and noted in the contract or a contract variation (email will suffice).

3.2 Without limitation, subscription entitles the Subscriber to use of the restricted password-protected section of the Website and all Services including:

• Provision of a weekly Newsletter sent to the Subscriber’s registered email address;
• Access to the restricted and password-protected section of the Website, and to all the files and information contained therein;
• Permission for the Subscriber’s School or Organisation Community to access the restricted section of the Website and create their own unique user account;
• Permission for members of the Subscriber’s School or Organisation Community to subscribe individually to receive the Newsletter.

3.3 Each individual user must have their own account. Credentials must not be shared. The Organisation must not share accounts among staff, students, families or other parties. We provide role-based access so users only see features appropriate to their role.

3.4 Accessing or using the restricted section is limited to the Subscriber and, if a School or Organisation, the School or Organisation Community. Disclosure of account creation links or any Content or Services to any third party outside of those parties is prohibited. Without limitation, Newsletters or parts of them are not to be published on a public Website, sent via email, or otherwise transmitted or communicated in any way which breaches our rights to control access to Subscribers.

3.5 In order to subscribe a User will be prompted to provide a name, email address and applicable billing information (e.g., credit card number and expiration date). Users may use display names or pseudonyms for general platform use in accordance with our Privacy Policy.

3.6 Upon expiry of the initial 12 calendar month (1 year) subscription term and any subsequent renewed term, then provided that there has not been any breach of these Terms & Conditions by the Subscriber, and unless otherwise agreed:

• If the Subscriber is an individual, the Subscriber may request or submit a renewal via the Site or to schools@studyworkgrow.com or PO Box 109, Redlynch, QLD 4870 and the term will renew for a further 12 calendar months (1 year) on the then current Terms & Conditions; or
• If the Subscriber is a School or Organisation, the term will automatically renew for a further 12 calendar months (1 year) on the then current Terms & Conditions unless the School or Organisation notifies Study Work Grow otherwise via schools@studyworkgrow.com or PO Box 109, Redlynch, QLD 4870.
• Subscribers confirm that they have consent and/or lawful basis before disclosing any student personal information through the Study Work Grow platform.

3.7 The User acknowledges that a valid email address is required to process subscriptions, feedback and other electronic communication. Email addresses supplied by Subscribers, their employees or enrolled students and other authorised persons may be retained and used only for the purpose for which they were provided.

3.8 The Privacy Act 1988 protects personal information regardless of age. Capacity to consent is determined by an individual’s maturity to understand what is being proposed, rather than by a specific age threshold. Study Work Grow considers that individuals aged 15 years and over have capacity to consent to using the Services and providing personal information, unless there is reason to believe otherwise. Users under the age of 15 years may be required to obtain consent from a parent or guardian prior to creating an account or using the Services. Where required, the parent or guardian must review and accept these Terms & Conditions on behalf of the User.

3.9 Where a School or Organisation provides access to the Services as part of its educational programme, the School or Organisation acts with the authority provided by parents and guardians through enrolment arrangements. Schools and Organisations remain responsible for obtaining all necessary parental or guardian consents in accordance with their own policies and applicable privacy legislation. Individuals subscribing directly who are under the age of 15 years must obtain parental or guardian consent prior to subscribing.

4. Payments

4.1 The Subscriber acknowledges that a subscription is subject to payment of the fees in the amount, time and matter outlined on the Website or as otherwise directed by Study Work Grow from time to time.

4.2 The Subscriber acknowledges and agrees:

• To ensure that Study Work Grow have current, accurate and complete contact, email and billing details at all times;
• To pay all amounts within 30 days of receipt of an invoice;
• To pay all amounts using a valid credit card (or other form of payment which we may accept from time to time);
• Study Work Grow reserve the right to increase any fee, or to institute new charges or fees at any time, upon advance notice communicated through a posting on the Website or such other means as it may deem appropriate from time to time (including email or conventional mail);
• To be responsible for any fees or charges incurred as a result of making a payment in a currency other than Australian dollars or making a payment from a bank, financial institution or other business or digital platform which uses a currency other than Australian dollars;
• Except for any statutory rights which are unaffected, all payments are non-refundable.

4.3 If any amount is not paid by the nominated due date:

• access by the Subscriber may be suspended; and
• the unpaid amount may be recovered by Study Work Grow as liquidated damages.

5. User Obligations

5.1 The User must comply with all clauses of these Terms & Conditions and all other terms or policies incorporated by reference.

5.2 The User must also comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding the use of the Website and Services.

5.3 User access to and use of the Website, any Services, and any User Information, must not:

• be false, inaccurate or misleading in respect of billing information, payment details, or when required for legal compliance;
• be fraudulent or deceptive;
• infringe any third party’s Intellectual Property;
• be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
• be obscene, pornographic or indecent or contain adult material or vulgar, profane, discriminatory, offensive or racist language;
• contain comments of a religious, political or social nature;
• contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, spiders, robots, screen scrapers, data aggregation tools or other Sensors or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Website;
• create liability for Study Work Grow or cause Study Work Grow to lose (in whole or in part) the services of Our internet service provider, other Users or other suppliers;
  damage the credibility or integrity of the Services or Study Work Grow;
• link directly or indirectly to or include anything that the User does not have a right to link to or include or could cause Study Work Grow to violate any applicable law, statute, ordinance or regulation.

5.4 The User acknowledges and agrees it must not:

• impersonate or otherwise misrepresent its identity or affiliation with any other person or entity for billing, payment, or legal purposes;
• commit or permit any act which may interfere with the access to or use of the Website or the Services by any other User;
• use the Website to send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 or any similar legislation to any person or company;
• attempt to gain unauthorised access to the Services or computer systems or networks connected to the Website or any Services through any means;
• tamper with, hinder the operation of or make unauthorised modifications to the Website or the Services or any part thereof;
• interfere with or disrupt the Website or Services or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
• damage or modify the Website or the Services or any part thereof;
• reverse engineer, decompile or disassemble the Website or the Services or any part thereof;
• copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Website or the Services or any part thereof; or
• modify, alter, adapt, disassemble, reverse engineer, decompile or amend the Website, any Content or any part thereof in any way.

6. Intellectual Property

6.1 The Website, Services and all parts thereof are protected by copyright and other intellectual property rights and remain the property of Study Work Grow immediately upon creation and at all times thereafter. Except as permitted by law, a User must not use, copy, reproduce, alter, modify, create derivative works, publicly display or communicate any of the Website, Services and all parts thereof without the permission of Study Work Grow.

6.2 The User acknowledges and agrees that Study Work Grow own the Intellectual Property and that no right, title or interest in any of the Intellectual Property is transferred or granted to the User other than the rights granted expressly by these Terms & Conditions.
A User must not at any time assert any right to or over such Intellectual Property or take, appropriate, or represent any or all such Intellectual Property as its own.

6.3 The parties agree that any intellectual or industrial rights in any additional or further or new works, material or information created, formulated or discovered during or after a use of the Website or a subscription, excluding User Information, will be the sole and exclusive property of Study Work Grow and the User will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in such additional or further intellectual property rights to Study Work Grow.

6.4 Without limitation, the “Study Work Grow” logo and name and all product or tool names are owned by Study Work Grow, and may not be used as part of a User business or in connection with any User or third party goods or services without prior written consent which shall be given, given with conditions or withheld at Study Work Grow’s absolute discretion.

6.5 The CADI Career Clusters

6.5.1 Without limitation, the “CADI”, “Cadi Clusters” and “Cadi Alliance” logo and name and all product or tool names are owned by Study Work Grow, and may not be used as part of a User business or in connection with any User or third party goods or services without prior written consent which shall be given, given with conditions or withheld at Study Work Grow’s absolute discretion.

6.5.2 The Cadi Clusters concept, including all associated educational materials, quizzes, resources, and branding elements, is protected by copyright law. Study Work Grow retains all rights to this copyrighted material. This includes the individual Cadi Clusters (Maker, Innovator, Informer, Coordinator, Linker, and Guardian), their composition, descriptions, and icons.

6.5.3 By registering to use Cadi Clusters, users agree to the following terms:

• Users shall comply with all guidelines set forth in this Agreement and any additional instructions provided regarding the use of Cadi Clusters materials.
• Users must properly acknowledge Study Work Grow as the source in all materials that reference or utilise the Cadi Clusters concept. This includes informing others about the origin of the Clusters and referring them to Study Work Grow for further information.
• Users shall use Cadi Clusters materials strictly in accordance with the guidelines provided. Any use, reproduction, or modification of Cadi Clusters materials outside of these guidelines is expressly prohibited without prior written consent from Study Work Grow.
• Users shall maintain the integrity of Cadi Clusters branding by using the correct terms, language, colours, and logos as specified in the provided brand guidelines.
• Users agree to use the most current versions of Cadi Clusters materials, which will be made available on the official website and communicated via electronic mail.
•  The right to use Cadi Clusters materials is non-transferable. Users may not sub-license, sell, or transfer their rights under this Agreement to any third party.

6.5.4 Collaboration and modifications shall only be undertaken in accordance with the following:

• Users wishing to create new materials or modify existing Cadi Clusters resources must obtain prior written approval from Study Work Grow.
• We reserve the right to approve or refuse any proposed modifications or new materials featuring Cadi Clusters.
• Any approved modifications or new materials created in collaboration with us shall remain the intellectual property of Study Work Grow, unless otherwise agreed in writing.
• Users agree to provide Study Work Grow with copies of any approved modified or new materials for review and approval purposes.

7. Breach and Termination

7.1 Without limiting other remedies available to Study Work Grow at law, in equity or under these Terms & Conditions or otherwise, Study Work Grow may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User access to the Website or Services if:

• The User breaches these Terms & Conditions, including as to payment if applicable, and fails to remedy the breach within 2 business days of notice to do so; or
• The User uses or attempt to uses or allow the use of the Website or Services for any purpose inconsistent with these Terms & Conditions;
• Study Work Grow are unable to verify or authenticate User Information; or
• Study Work Grow believe that User actions may cause legal liability for the User, other Users or Study Work Grow; or
• In Study Work Grow’s sole opinion, User conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of the Website or Services or any part of them (or the operation thereof) or Study Work Grow; or
• Study Work Grow suspect that the User (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent or deceptive activity in connection with the Website or Services.

7.2 Study Work Grow may immediately terminate access to or use of the Website or Services in the event of:

• unexpected technical or security issues or problems; and/or
• prolonged force majeure.

7.3 On expiry or termination of a User’s access to the Services or Website:

• Study Work Grow will cease to provide access to and use of the Services;
• the User, if a Subscriber, must destroy all evidence of any usernames, passwords, internet protocol addresses and other like matters;
• all payments previously made by, or on behalf of the User, remain the property of Study Work Grow and no party may make any claim in respect of such payments;
• Study Work Grow may delete all User Information which is held in the Website or otherwise in its records.

7.4 The User agrees that all terminations for cause shall be made in Study Work Grow’s sole discretion and that Study Work Grow shall not be liable to a User or any third party for any termination of access to the Website or Services or loss of User Information.

7.5 Terms capable of doing so shall survive termination. Any rights which may have accrued to either party shall be unaffected.

7.6 Data Deletion on Termination – School Administrators may request removal of their school’s data from the platform upon termination of services. If such a request is received, we will permanently delete the data within fourteen (14) days, including from any backups, and provide written confirmation via email once the deletion has been completed.

7.7 Deletion of Inactive User Data – We regularly monitor accounts for inactivity. A user will be considered inactive if they have not logged into the service for a continuous period of eighteen (18) months. In such cases, we will notify the user of their impending removal. Data associated with inactive accounts will be permanently deleted no sooner than thirty (30) days after notification has been issued.

8. Disclaimer

8.1 Study Work Grow has exercised its best efforts and judgement in compiling the information on the Website and in the Services and Newsletters to ensure the information is correct, current and complete, however the User acknowledges that:

• the User accesses the Website and Services at its own risk;
• the Website and Services are provided for information and general advisory purposes only and do not constitute professional, legal or career advice; and
• the Website and Services should not be relied upon or regarded as a comprehensive assessment or evaluation or recommendation regarding a User’s skills, competencies or personality or a User’s prospects of success in a particular vocation, field or industry;
• Study Work Grow recommends that the User contact the relevant educational institution or professional or trade organisation before making any decisions about a career or future plans.

8.2 Except as expressly provided to the contrary, and to the extent permitted by law, Study Work Grow make no representations or warranties of any kind, express or implied as to the content or operation of the Website or Services, access to or the results of access to the Website or Services (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or Items included in the Website or Services.

8.3 To the extent permitted by law, the Website and Services are provided by Study Work Grow on an “as is” basis without any express or implied warranty of any kind. Without limitation, Study Work Grow do not warrant that:

• The Website or Services will provide any function for which it is not specifically designed;
• The Website or Services will provide any minimum level of performance or outcome;
• The Website or Services will be virus free or free of performance anomalies or be operational without interruption;
• The Website or Services will be free of inaccuracies or typographical errors.

8.4 Where the laws of any country or state in which these Terms & Conditions are effective implies into these Terms & Conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms & Conditions provided that the liability of Study Work Grow, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any Loss which a party may sustain shall be limited, at Study Work Grow’s option, to:

• in the case of Services, the supply of the services again, or the payment of having the services resupplied; or
• in any other case, the greater of the total fees the party paid to Study Work Grow in the 12 months prior to the action giving rise to liability and AU$100.00.

8.5 To the maximum extent permitted by law, we exclude liability for indirect or consequential loss. Nothing in these Terms excludes liability that cannot be excluded by law.

8.6 To the extent permitted by law, we limit our liability to resupplying the services or the cost of resupply. Nothing in these Terms excludes or limits liability that cannot be excluded by law, or liability arising from our wilful misconduct.

8.7 The User indemnifies us against third-party claims arising from the User’s unlawful use of the Services or breach of these Terms. This indemnity does not apply to the extent a claim is caused by our negligence or wilful misconduct.

8.8 The Website may contain links to third-party sites, advertisers, services, special offers or other events or activities that are not owned or controlled by us. Study Work Grow do not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If a User accesses any third-party site from our Website, the User does so at their own risk and the User agrees that Study Work Grow will not be liable for any Loss under any circumstances.

9. General

9.1 If you have any queries, suggestions or comments, they can be made privately in writing to info@studyworkgrow.com. In addition, if you believe any information on the Website or affiliated services is inaccurate, you can privately write to info@studyworkgrow.com to make such suggestions.

9.2 Publication of electronic or physical addresses on this Website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.

9.3 Study Work Grow may amend, update, or change the Website (including features, layout, and content) without prior notice. The User accepts the amendment, update or change by continuing to use the Website.

9.4 We will notify Users in writing of any changes to our appointed sub-processors, as well as any changes to the locations of our data centres or data storage facilities. This notification will be provided in advance of such changes wherever practicable, or otherwise as soon as reasonably possible, and will include details of the new sub-processor or data location. Continued use of the Services after such notification will constitute acceptance of the change.

9.5 Study Work Grow shall not be liable by reason of the failure in the performance of obligations under the Terms & Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond its reasonable control, including any form of technological failure or the actions of third parties.

9.6 These Terms & Conditions constitute the entire agreement between a User and Study Work Grow with respect to the Website and Services, and the Terms & Conditions replace all prior or contemporaneous understandings or agreements, written or oral.

9.7 If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms & Conditions shall remain in full force and effect.

9.8 The failure by Study Work Grow to insist upon or enforce strict performance of any of these Terms & Conditions will not be construed as a waiver of any right or remedy of Study Work Grow in respect of any existing or subsequent breach of these Terms & Conditions.

9.9 No waiver by a party of a provision of these Terms & Conditions is binding unless made in writing.

9.10 The law of Queensland, Australia govern these Terms & Conditions. The parties hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of the State of Queensland and the Commonwealth of Australia for any cause of action relating to or arising under these Terms & Conditions.

9.11 Study Work Grow operate the Website in Australia. Information contained on the Website may not be appropriate or available for use in other locations. If a User accesses the Website from other locations, it do so at its own initiative and risk and is solely responsible for compliance with local laws.

9.12 The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under these Terms & Conditions.

9.13 Where possible, the obligations of the parties under these Terms & Conditions will indefinitely survive the finalisation or discontinuance of the parties dealings. These Terms & Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns. The rights and remedies of a party to these Terms & Conditions are in addition to the rights or remedies conferred on the party at law or in equity.

9.14 The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.

9.15 Any notice or demand in writing required to be given by Study Work Grow to You shall be sufficiently served if:

• Served personally or by pre-paid mail to the address advised;
• Sent in electronic form by email to the email address advised; or
• Published on the Website.