Privacy Notice

Version date: 02 March 2023

This website is operated by My Study Counselor which has its registered office at 199 Adelaide Terrace, Perth WA, 6004. We can be contacted by email or by mail at the address set out above.
These website terms of use and our Privacy Notice as amended by us from time to time ("Terms") govern your use of our website, mystudycounselor.com, and when leaving a review of a course ("Course Reviews") that we make available on or through our website. By using our website, you are agreeing to these terms, whether you are just browsing (a "Visitor") or whether you are a registered user (a "Member"). Please stop using our website if you do not agree to these terms.
We may revise these terms at any time at our sole discretion. If we do, we will notify you on our home page. Please also check back regularly for updates: you can easily determine whether changes have been made by confirming the version date at the top of these terms. Your continued use of our website means that you agree to these terms, as revised.

1. Registration/Password

1.1 Although portions of our website may be visited by any Visitor, you will need to register as a Member to be able to participate in or join the Community Areas and if you wish to submit Course Reviews. Registration on our website is free.
1.2 To register as a member, you must:

• confirm that you are over 16 years of age

1.3 You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate, up-to-date, and complete. We reserve the right to terminate your membership and access to our website if we learn that you have provided false or misleading information.
1.4 When you register to use our website, you will be asked to create a username and password. You agree not to divulge your password to any other person. You are responsible for maintaining the confidentiality of your password and will be fully responsible for all liabilities arising in connection with your password's use (or misuse), whether such use or misuse is with or without your knowledge or approval. If you suspect that someone else knows of or is using your password, you must notify us immediately by emailing us.
1.5 If you forget your password, please click on Forgot the password, you will get an email to reset the password.
1.6 We have the absolute discretion to cancel your user at any time if we suspect it is being used by an unauthorized person.
You can read more about how we use your information in our Privacy Policy.

2. Your use of our website

2.1 For the purposes of these terms, "Content" refers to all data, text, logos, artwork, software, documents, images, photographs, and other materials you may upload to or download from our website including information about yourself, messages posted in the Community Area, Course Reviews and information about certain courses.
2.2 You must ensure that any content that you submit to our website:

• does not infringe any third party's Intellectual Property Rights (“Intellectual Property Rights” means registered and/or unregistered copyright, database rights, trademarks, design rights, and other intellectual and proprietary rights of whatever nature, and all applications for such rights, anywhere in the world);
• does not breach any applicable law;
• is not defamatory, profane, sexually or racially offensive or discriminating, harassing, threatening, obscene, pornographic, false, unreliable or misleading, or otherwise objectionable in our opinion; or
• does not disrupt the communications of the online community or Community Area on our website

2.3 You agree that you will not use our website:

• for commercial purposes or to obtain financial gain without our prior written consent;
• to send chain letters, junk mail, ‘spam’, business or bulk communications of any kind;
• to advertise a company, product, or service of any educational establishment except under the terms of a written advertiser agreement that we have entered into with you;
• in a way, that might reasonably be expected to cause another person’s computer systems and/or communications network to be interrupted, damaged, or rendered less efficient;
• to obtain personal information from “users” (which means “members” and “visitors”) under the age of 16 or from anyone if such information is gathered deceptively or in a non-transparent way;
• to obtain passwords or personal identifying information for commercial or unlawful purposes from other users;
• to attempt to impersonate another user; or
• to harass, threaten or intimidate any user.

2.4 You will be responsible for logging out from your registered account at the end of each session on our website.
2.5 If you are a visitor, you agree not to obtain unauthorized access to areas of our website reserved for members.
2.6 If you are aware of anything on our website which appears to infringe these terms, you agree to contact us immediately.

3. Content posted

3.1 We have a software tool that monitors content on our website. While we hope that it removes the majority of inappropriate content, it is not 100% reliable - no software tool is. None of the views expressed in the content are the views of the My Study Counselor team - we are just providing a platform. You acknowledge that all content is the responsibility of the person who posted, emailed, or otherwise provided the content to our website. You acknowledge that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible in any way for any content - and if you post, email, upload, or otherwise provide content, you are entirely responsible for it.
3.2 However, we operate a “take down and notice” procedure. If you believe that any content is defamatory, profane, sexually or racially offensive or discriminating, harassing, threatening, obscene, pornographic, false, unreliable or misleading, or otherwise objectionable, or infringes the intellectual property or other legal rights please notify us immediately by contacting our webmaster. We will investigate each matter notified to us and will act at our sole discretion.

3.3 If you post content that is found to be in breach of these terms, we reserve the right to deactivate your user to prevent you from further access to our website as a member.

4. Intellectual Property Rights

4.1 You agree that our website and all content contained in it are protected by Intellectual Property Rights that either belongs to or are licensed to us.
4.2 You acquire no proprietary interest in our website or content provided by us or others and may not use them in any way except as expressly permitted by these terms.
4.3 You may view, print, download, or temporarily store such content for your personal, non-commercial reference without alteration, addition, or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer such content. You acknowledge that you will not acquire any intellectual property rights by downloading or otherwise using any such content.
4.4 By submitting content to our website:
you grant us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and communicate to the public such content; and
you authorize us to adapt such content and you agree to waive your moral rights to object to any derogatory treatment or to be identified as the author, of the material in question.

5. Our Rights

5.1 We have the right in our absolute discretion to alter, edit, remove, suspend or refuse any content without notice, if we consider that the content is objectionable or violates these terms or for any other reason.
5.2 We may preserve or disclose the content and your personal details as well as any content to any third party if such disclosure is necessary:
for the purpose of maintaining our website;
by law; or
to respond to claims that our website infringes or restricts the right of any party.
5.3 We may suspend or terminate your access to our website at any time if you breach any of these terms.

6. Warranties

6.1 Our website is provided on an “as is” and “as available” basis. We expressly disclaim all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.
6.2 You understand and agree that we do not guarantee the accuracy, relevancy, or completeness of any information in or provided on or from our website. We are not responsible for any errors or omissions or for the results obtained from the use of such information. Our website is provided for the general information of the general public.
6.3 Your use and participation in our website and services are solely at your own risk. No advice or information, whether oral or written, obtained by you from our website shall create any warranty not expressly made in these terms or imposed by law.
6.4 We make no warranty that our website will meet your requirements, or that access to our website will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of our website.

7. Limitation of Liability

7.1 Except as required by law, we will not be liable for any direct losses or damages arising in contract, tort (including negligence), and for any reason.
7.2 Except as required by law, we shall not be liable for any indirect, incidental, special, or consequential losses or damages or loss of profits, data, goodwill, or revenue in each case regardless of whether such losses or damages arise in the normal course of events or whether we have been advised of the possibility of such damages and whether such losses or damages arise in contract or tort (including negligence) and for any reason.
7.3 Nothing in these terms shall operate to exclude or restrict our liability for death or personal injury caused by negligence.

8. Territory Statement

Please do not access or use the content from a jurisdiction where such access or use would be contrary to applicable laws, rules, or regulations of any governmental authority or regulatory organization. If you breach this provision, you will be held entirely responsible.

9. Assignment

We may assign our rights and obligations under these terms and upon such assignment, we shall be relieved of any further obligation under these terms. You are not permitted to assign your rights and obligations under these terms.

10. Governing Law and Jurisdiction

These terms shall be governed by and construed in accordance with the laws of Australia and any dispute shall be subject to the non-exclusive jurisdiction of the Australian courts.