Welcome to Year 13 Pty Ltd (ACN 606 583 706) (we, us or our). By using or accessing our services, website, social media channels, resources or platform, (Site) you accept these Terms of Use (Terms) and agree to be bound by them.
We may, on notice to you, change these Terms. Your continued use of the Services following any changes indicate your acceptance of the changes.

1. Products and services

We will use reasonable endeavours to provide you with a Site that:

(a) displays information for students finishing high school about jobs, study, travel, gap years, companies, careers and money management;
(b) offers an online collection of resources including links to job searches, course searches and travel agencies;
(c) allows account holders to apply for jobs, courses and post comments;
(d) offers surveys and competitions;
(e) sells our products;
(f) displays employment, education, travel opportunities on behalf of our partners; and
(g) related products and services on behalf of our partners (Services).

2. Your account

2.1 In order to access some of the content on the Services you must create an account with us, which can be done on our website.

2.2 You agree and acknowledge that:

(a) you must be over 15 years of age or have your parent or guardian’s consent to create an account; and
(b) you must complete all requisite fields when creating your account and all information you provide us with, will be true, accurate, current and complete and you must not create an account for anyone other than yourself.

2.3 You are solely responsible for maintaining the confidentiality and security of your account.

2.4 You must notify us immediately of any unauthorised use of your account. We are not liable for any loss or damage arising in connection with any unauthorised use of your account.

2.5 You may terminate your account for any reason by emailing us.

2.6 We may refuse to register, disable, suspend or cancel your account in our sole discretion or otherwise if you fail to comply with your obligations under these Terms

3. Acceptable use

3.1 You must use the Services for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use of the Services.

3.2 You must not:

(a) link to, copy, modify, or create derivative works based on the content available through the Services;
(b) infringe the intellectual property rights, privacy or confidentiality of any third party; or
(c) engage in any activity that may result in injury, death, property damage, and/or liability of any kind.

4. Content

4.1 You are responsible for all your content that you submit, post or display on through the Services, including data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials (User Content).
4.2 You must not submit, post or display any User Content that:

(a) you do not have permission, right or license to use;
(b) is objectionable, offensive, unlawful, deceptive or harmful;
(c) is personal, private or confidential information belonging to others;
(d) requests personal information from a minor;
(e) impersonates or misrepresents your affiliation with another person or entity;
(f) transmits spam, including unauthorised advertising or promotional materials; or
(g) is illegal, fraudulent, or manipulative.

4.3 We may remove User Content which is inappropriate or is in breach of these Terms of Use without notice.

5. Intellectual property

5.1 We own, or are the licensee of, the intellectual property rights in the content of the Services, including but not limited to text, photos, graphic designs, images, audio, video, html code and artwork.

5.2 Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non sub-licensable licence to access the Services solely for your own personal, non-commercial purposes.

5.3 You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and content to you and to other users.

5.4 You agree to waive any moral rights you may have in User Content and indemnify us from any third party claim that our use of the User Content in accordance with these Terms infringes the intellectual property rights of any third party.

6. Purchasing products

6.1 You may not resell our products to any third party, unless we provide express written consent.

6.2 When you place an order with us, you will be charged in full at the time of ordering the product. We will immediately process your payment through a third-party ecommerce platform, Ewayl. Third party terms may apply to your purchase.

6.3 If your payment is successful, we will send you an acknowledgement and email confirming payment and a separate binding agreement between you and us is formed for the supply of the products in accordance with these Terms.

6.4 We may, in our discretion, refuse to accept an order from you for any reason, including:

(a) if the product is no longer available (in which case we may offer you an alternative product); or
(b) if we suspect:
(i) any fraudulent activity related to your purchase; or
(ii) that you might resell our products to other consumers.

7. Pricing and payment

7.1 You acknowledge and agree:

(a) delivery costs are charged in addition to the price and will be clearly displayed and included in the ‘total’;
(b) discounts are offered at our discretion and any conditions applicable to the discounts will be specified prior to, or at the time of, payment; and
(c) we try and ensure that all details, descriptions and prices on the Site are accurate, however we are not liable for any errors that may occur. If we discover an error in the price or payment of goods you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it and receiving a refund. If we are unable to contact you, we will treat the order as cancelled.

7.2 You acknowledge we will perform standard security checks on the payment details you provide. In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment and we may contact you, your bank or any other relevant third party to report such unusual activity.

8. Delivery

8.1 We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we cannot guarantee firm delivery dates.

8.2 Delivery times may vary, and we take no responsibility for delays caused by third party delivery services, strike, fire, flood, failure of suppliers, or any other circumstances beyond our reasonable control.

8.3 We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

8.4 It may not be possible for us to deliver to certain locations. If this is the case, we will inform you using the contact details that you provide to us when you place your order and arrange for cancellation of the order or delivery to an alternative address.

9. Risk and title

9.1 The products will be at your risk from the time of delivery to the delivery address specified by you.

9.2 Ownership of the products will pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.

10. Liability

10.1 Our products come with guarantees that cannot be excluded under the Australian consumer law.

10.2 You acknowledge that the products displayed on the Site are indicative only and that the products you receive may vary from those displayed. In particular, images have been provided for illustrative purposes only and we do not guarantee that any image will be reproduced in true colour nor that any given image will reflect or portray the actual product.

10.3 To the extent permitted by law, our total aggregate liability in connection with these Terms is limited, at our option, to:

(a) in the case of the supply of products:

(i) replacement or resupply of the products; or
(ii) the cost of replacing or resupplying the products;

(b) in the case of the supply of Services:

(i) supplying the relevant services again; or
(ii) the cost of supplying the relevant services again,

but in any event will not exceed the fees paid by you to us under the relevant order.

10.4 Notwithstanding anything else in this agreement, we accept no liability for any decisions made by you, as a result of your use of the Services.

10.5 To the fullest extent permitted by law, we are not liable for any loss, damage or misconduct, however it arises, whether in contract, statute or tort (including negligence), arising out of, or in connection with:

(a) the actions of any third party to the Terms;
(b) any content that is incorrect, inaccurate or incomplete. If you rely on any such content, you do so at your sole risk and you are responsible for any independent verification of the content; or
(c) third party sites or resources. The Services may contain links to third party sites and resources and we have no control over those sites.

10.6 To the extent permitted by law:

(a) we exclude liability for any special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with the products or Services offered by us or in connection with any act or omission by us (negligent or otherwise);
(b) our aggregate liability in connection with these Terms, whether based on warranty, contract, statute, tort (including negligence) or otherwise, will not exceed $100;
(c) we do not warrant that the Services will be uninterrupted, error free, free of viruses or other components;
(d) we do not warrant that the Content, or any other information or content contained on the Services is secure, confidential, uninterrupted, error-free, accurate, complete or current or reliable; and
(e) you will make and rely on your own enquires before entering into any transaction on the basis of anything contained or displayed via the Services.

11. Indemnity

You indemnify and hold us harmless with respect to any claims arising out of your breach of these Terms and your use or misuse of the Services.

12. Maintenance

We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Services, or any part of, for any reason, to interrupt the operation of the Services, or any part of, as necessary to perform maintenance, error correction or other changes.

13. External Services

13.1 We may enable access to third-party websites, applications and services through our Services (External Services).

13.2 If you acquire External Services via our Services (a Transaction), each Transaction is a contract between you and the third party providing the External Services.

13.3 If you use External Services, you agree:

(a) we are not responsible for examining or evaluating the content of any third party External Services;
(b) we do not guarantee the accuracy, integrity or quality of third party External Services, and shall not be liable for any third party External Services;
(c) you must comply with any third-party terms applicable to the External Services;
(d) charges may apply to your use of the External Services and we assume no responsibility for the transaction of funds or the actions or identity of any transfer recipient or sender; and
(e) we may suspend, remove, disable or impose access restrictions or limits on any External Services, at any time without notice or liability to you.

14. Data

14.1 You acknowledge and agree:

(a) we may collect aggregated information about your activities, and details of how you use the Services, the types of content you engage with or the frequency and duration of your activities; and
(b) we may automatically store in log files, including IP addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data to analyse trends, to administer the Services, to generally improve the Services and for marketing.

14.2 The Services may contain links to External Services. Information collected by External Services is governed by the External Services’ terms.

14.3 Use of the Services is subject to our Privacy Policy, which is available at https://year13.com.au/privacy-policy/.

15. Confidentiality

We must keep all confidential information confidential and use such information for the sole purpose of performing the obligations under these Terms.

16. General terms

16.1 All prices are in Australian Dollars (AUD).

16.2 Notices required to be given under these Terms may be sent by email at info@year13.com.au.

16.3 Nothing in this agreement will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.

16.4 This agreement contains the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.

16.5 Any failure by us at any time to enforce these Terms or any rights will not be a waiver of such rights, or affect the validity of these Terms.

16.6 If any provision of these Terms are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and the remaining terms and conditions will be unaffected.

16.7 This agreement is governed by, and construed in accordance with the laws of New South Wales, Australia and the courts of the jurisdiction will have exclusive jurisdiction over any dispute arising out of this agreement.

16.8 Any warranty, indemnity, or obligation of confidentiality in these Terms will survive termination. Any other term which by its nature is intended to survive termination of these Terms survives termination of these Terms.