myfuture Conditions of Use

myfuture website © Education Services Australia Ltd 2016, unless indicated otherwise.

Use of the myfuture website (myfuture) is subject to the Conditions of Use set out below. Please read and ensure you understand these Conditions of Use prior to using myfuture. If you proceed to use myfuture, your use will be taken as acceptance of these Conditions of Use.

Education Services Australia Limited (ESA) may amend these Conditions of Use from time to time. You are responsible for regularly reviewing them. Your continued use of myfuture constitutes your agreement to the current version of the Conditions of Use.

These Conditions of Use were last updated on 26 October 2015. Please note that the myfuture Privacy Policy was updated on 4 April 2016.

  1. myfuture:
    (a) provides general information about career options;
    (b) is a guide only;
    (c) does not make any recommendations or provide advice in relation to career options.
    Before making any decisions about your career
    , you should contact relevant educational institutions or professional or trade organisations for specific information relating to your career options/choices.
  2. myfuture comprises:
    (a) trade marks owned by third parties (Trade Marks) and licensed to ESA;
    (b) material excluding the Trade Marks (Material) which is subject to copyright and other intellectual property rights (Intellectual Property Rights) which is owned by ESA (ESA Material) or licensed to ESA (Third Party Material); and
    (c) visual interfaces, graphics, design, computer code (including source code or object code), software and other elements of myfuture excluding the Trade Marks and Material.
  3. You may:
    (a) view the Trade Marks;
    (b) view and print the ESA Material only for personal non-commercial educational purposes, provided all acknowledgements are retained;
    (c) use Third Party Material only in accordance with the licence terms described on the Acknowledgements page, provided you retain and copy in full all copyright notices on the original Third Party Material (if any); and
    (d) only use the visual interfaces, graphics, design, computer code (including source code or object code), software and other elements of myfuture excluding the Trade Marks and Material within the intended functionality provided by myfuture.
  4. You must not infringe the Intellectual Property Rights of ESA or its licensors, that is, you must not do anything that is not permitted under either these Conditions of Use or the licence terms described on the Acknowledgements page. For example you may not reproduce, adapt, upload to a third party website, link to, frame, perform in public, distribute or transmit in any form by any process any of the Material.
  5. Where you use the Material in accordance with these Conditions of Use, you do not need to comply with the requirements of any statutory licence (for example, pay royalties to a copyright collecting society such as the Copyright Agency) for that Material.
  6. Nothing you do on or in relation to myfuture will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights other than in accordance with these Conditions of Use.
  7. In using myfuture you may provide to ESA information which is capable of identifying you (Personal Information). The Privacy Act 1988 gives you certain rights in respect to Personal Information. By using myfuture you consent to ESA using your Personal Information in accordance with the myfuture Privacy Policy.
  8. To assist in your use of myfuture, you may ask a person you know and trust (for example a career guidance counsellor from your school, a teacher, a parent or a friend) to be your mentor. If you give your mentor your username and password, this will enable your mentor to access the information you provide to myfuture, but ESA cannot control how your mentor uses your information. ESA does not accept any responsibility for unauthorised use of your information by your mentor, and excludes liability for all losses, costs, damages and expenses incurred or suffered by you arising from or in relation to your participation in a mentoring program.
  9. ESA presents the Material in good faith and has endeavoured to ensure that all Material is accurate and does not breach any entity's rights at the time of its inclusion. However, use of myfuture is at your own risk and the Material is provided ‘as is’. To the extent lawful, ESA does not make any, and excludes all express or implied, warranties, representations, statements, terms and conditions relating to your use of myfuture or any information or content available on or from myfuture.
  10. Nothing in these Conditions of Use excludes, restricts or modifies any guarantee, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include statutory consumer guarantees implied by statute which operate to protect the purchasers of goods and services in various circumstances.
  11. If any guarantee is implied by statute and cannot be excluded, and ESA is able to limit your remedy for a breach of such a guarantee, then the liability of ESA for breach of the condition or warranty is limited to one or more of the following at ESA's option:
    (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
    (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
  12. Subject to ESA's obligations under the implied guarantees referred above, ESA excludes liability for all losses, costs, damages and expenses incurred or suffered by you under or relating to these Conditions of Use or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis.
  13. You acknowledge that ESA may, in its absolute discretion and without penalty or notice:
    (a) vary myfuture or any part of myfuture; and
    (b) modify or discontinue myfuture, any part of myfuture and the services available on it.
  14. ESA may not have reviewed any URL linked to or from any part of myfuture which does not form part of myfuture (Non-ESA Sites). ESA is not responsible for any content found on a Non-ESA Site, or any site of which it forms a part. You must determine whether any page is part of myfuture each time you follow a link to that page. For example, it is your responsibility to check that a person or organisation linked to myfuture is authorised to provide a course of study to overseas students. You can check this by referring to the Commonwealth Register of Institutions and Courses for Overseas Students (available on the website CRICOS).
  15. ESA reserves the right to revise these Conditions of Use at any time. You accept all such revisions by accessing any part of myfuture or continuing to access it after that revision is posted on myfuture.
  16. myfuture and any right or obligation under these Conditions of Use is governed by the laws in force in the State of Victoria, Australia, (other than the conflict of laws rules) and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia, in respect of any action that arises under these Conditions of Use.
  17. The views expressed within myfuture do not necessarily represent the views of ESA.