Terms and Conditions of Use
1.1. Welcome to www.prideinternational.com.au (the ‘Website’). The Website provides education, migration and career consultancy services (the ‘Services’).
1.2. The Website is operated by Pride International PTY. LTD. (ABN 54 603 868 800). Access to and use of the Website, or any of its associated Products or Services, is provided by Pride International. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Pride International reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Pride International updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Pride International in the user interface.
3.1. In order to access the Services, the user must provide contact information through the Website.
3.2. As part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Telephone number
3.4. Once you have provided the contact information to the Website, you agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Pride International; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4.1. As a User of the Services, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Pride International;
(d) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses and contact details by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(e) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Pride International for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5.1. Where the option is given to you, you may make payment for the Services (the ‘ Services Fee’) by way of:
(a) Electronic funds transfer (‘EFT’) into our nominated bank account
(b) Credit Card Payment (‘Credit Card’)
(c) PayPal (‘PayPal’)
(d) Cash (‘Cash’)
(e) Cheque (‘Cheque’)
5.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
5.4. You agree and acknowledge that Pride International can vary the Services Fee at any time.
Pride International will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Pride International makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
7.1. The Website, the Services and all of the related products of Pride International are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Pride International or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Pride International, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: Pride International does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Pride International.
- (a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or to you. process)
8.1 The following organizations may link to our Website without prior written approval:
(a) Government agencies;
(b) Search engines;
(c) News organizations;
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
(a) Commonly-known consumer and/or business information sources;
(b) dot.com community sites;
(c) Associations or other groups representing charities; (d) Online directory distributors;
(e) Internet portals; (f) Accounting, law and
consulting firms; and
(g) Educational institutions and trade associations.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site. If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Pride International PTY. LTD. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response. 8.4 Approved organizations may hyperlink to our Website as follows: (a) By use of our corporate name; or (b) By use of the uniform resource locator being linked to; or (c) By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
10. Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
12.1 The contents of this website do not contain professional or legal advice
Any information provided on this website are for the convenience of the user and but must be used for general guidance purpose only. Any information or material provided on this website are not intended to be a substitute for legal or professional advice. Pride International does not accept responsibility for the completeness or accuracy of any of the information contained on, or accessed through, this website. The use of this website or the receipt of any information from this website does not create a solicitor-client-relationship. For professional advice, please contact Pride International through the contact details provides in the site.
12.2 Content and limitation of liability
Pride International is not responsible to the user, or anyone else, for any loss that may be suffered in connection with the use of this website, provided links or any of the content. This includes, but is not limited to, the possible transmission of computer viruses or similar threats. To the maximum extent permitted by the relevant Australian and/or international law, any liability for loss or damage arising from the use of, or reliance on, the information contained on, or accessed through, this website is excluded.
12.3 Links to other sites
This website may contain links to other third-party websites. No representation or warranty as to the accuracy or any other aspect of the information on those linked websites is made. No link to another website should be presumed as an endorsement or recommendation of any kind. Pride International will always try to ensure that the third party weblinks provided on this site are kept up to date. The currency and the accuracy of the content of third-party links are dependent upon the owners of those other sites. However, if the user finds a link that does not work, please contact us.
12.4 Terms of our free appraisal
Any appraisal or opinion, on the prospects of making a successful study or visa application, is based on the law, legislation and jurisdiction of each country that the user intends to travel. Pride International will not guarantee the success of any of such applications. Final decision on a study or a visa application is totally in the hands of relevant authorities and it is a breach of the law (of the country concerned) to give false promises to clients. Further, Pride International is not responsibility for potential rejection of any visa or study application.
13.1. Pride International’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
13.2. You expressly understand and agree that Pride International, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
14.1. The Terms will continue to apply until terminated by either you or by Pride International as set out below.
14.2. If you want to terminate the Terms, you may do so by: Your notice should be sent, in writing, to Pride International via the ‘Contact Us’ link on our homepage.
(a) providing Pride International with 14 days’ notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Pride International has made this option available to you.
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Pride International is required to do so by law;
(c) the provision of the Services to you by Pride International is, in the opinion of Pride International, no longer commercially viable.
15.1. You agree to indemnify Pride International, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
16.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
16.2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
16.3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
16.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Australia.
The Services offered by Pride International is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
18. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
19. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.