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Legal information and conditions of use
1. Definitions
"Platform": Refers to all digital services provided by Gradeo Pty Ltd, including the Gradeo website, mobile applications, and any associated services or content.
"Content": Includes all information, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, computer code, and documentation available on the Platform.
"User": Any individual or entity that accesses or uses the Platform.
"Third Party Materials": Includes but is not limited to any material provided by a Third Party Provider to Gradeo in connection with the Platform, such as trial examination papers, marking guidelines, stimulus material, records, booklets, files, and templates, including parts of the same.
2. Introduction
Welcome to Gradeo. These Terms of Use govern your access to and use of Gradeo’s services, which include our website and online services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these terms and all terms incorporated by reference. If you do not agree to all of these terms, do not use the Platform.
3. Acceptance of Terms
3.1 Acknowledgement and Acceptance of Terms
Your access to and use of the Platform is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Platform.
3.2 Modifications to Terms
Gradeo reserves the right to modify these terms at any time. All changes are effective immediately upon posting. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.
4. Privacy and Data Protection
Gradeo is committed to protecting your privacy and personal information. By using the Platform, you agree to the collection, storage, and use of your personal information in accordance with our Privacy Policy, which is available on our website and incorporated herein by reference.
5. Confidentiality
5.1 Obligations
Users of the Platform are obligated to maintain the confidentiality of information they receive through their use of the services and must not disclose such information without proper authorization.
5.2 Exceptions
This confidentiality obligation does not apply to information that is publicly known, independently developed by the user, or rightfully received from a third party.
6. Intellectual Property Rights
6.1 Ownership and Usage Rights
All intellectual property rights in the Platform and its contents, including text, graphics, interfaces, and underlying technology, are owned by Gradeo or its licensors. Users are granted a non-exclusive, limited license to access and use the Platform in accordance with these Terms.
6.2 Prohibitions on Unbundling, Modifications, and Reverse Engineering
Users must not unbundle any part of the Platform, modify, adapt, translate, or create derivative works from any part of the Platform or reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform. No user may screenshot or record the interface or any part of the Platform without explicit written permission from Gradeo.
6.3 Third-Party Intellectual Property and Third Party Materials
Users must not use the Platform in any manner that infringes the intellectual property rights of any third party or use Third Party Materials in a way that could violate the intellectual property or other rights of the providers. Gradeo makes no warranties or representations about the accuracy or completeness of Third Party Materials provided on the Platform and disclaims all liability regarding their use.
6.4 User-Generated Content and IP Assignments
Users may create, upload, or otherwise contribute content to the Platform. By submitting such content, you grant Gradeo a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future media. You agree to assign to Gradeo all right, title, and interest in any intellectual property rights that you may have in or to any content you create, upload, or contribute to the Platform.
7. User Obligations and Conduct
7.1 Lawful Use
Users must use the Platform only for lawful purposes and in accordance with these Terms.
7.2 Prohibited Conduct
Users must not engage in any conduct that would infringe the intellectual property rights of others, upload malicious software, or otherwise compromise the security of the Platform.
8. Disclaimer and Limitation of Liability
8.1 Platform Provided ‘As Is’
Gradeo provides the Platform "as is" and makes no warranties of any kind, express or implied, particularly regarding the reliability, validity, accuracy, or completeness of any content or Third Party Materials used for examination or educational purposes. While Gradeo makes every effort to licence Third Party Materials from credible and experienced trial examination providers and authorities, we make no warranty or guarantee of the validity of such Materials nor that such Materials fully comply with current standards, examination requirements or expectations and should not rely solely on them for accuracy or performance
8.2 No Endorsement of Third Party Materials
Gradeo does not endorse or assume any responsibility for the Third Party Materials provided through the Platform. These materials are provided to Gradeo under license from third parties, and their inclusion on the Platform does not imply any partnership with, sponsorship by, or endorsement of the third party providers.
8.3 No Warranty on Third Party Materials
Gradeo makes no representations, warranties, or guarantees, either express or implied, regarding the accuracy, reliability, validity, or completeness of any Third Party Materials made available on the Platform. These materials are not reviewed for compliance with certain regulatory standards and may not reflect the most current legal or educational standards or practices. Users are advised to independently verify the accuracy and relevance of such materials.
8.4 Disclaimers of Reliability and Validity
Third Party Materials available on the Platform are intended for general information, educational, and examination preparation purposes only. They are not tailored to the specific needs of any individual. Gradeo explicitly disclaims any claims that these materials are valid, reliable, or suitable for any particular purpose or examination preparation.
8.5 Limitation of Liability
Gradeo shall not be liable for any claims, damages, or losses resulting from the use of Third Party Materials, including but not limited to any errors in, omissions from, or reliance on any materials provided through the Platform.
8.6 Use at Your Own Risk
Users assume full responsibility for the use of any Third Party Materials obtained through the Platform. Any decisions made based on information contained in such materials are the sole responsibility of the user, and in exchange for using such materials, users agree to release Gradeo from any and all claims arising from the use of Third Party Materials.
8.7 Indemnification
Users agree to indemnify, defend, and hold harmless Gradeo, its affiliates, officers, agents, employees, and licensors, from any claims, losses, damages, expenses, and liabilities, including legal fees arising out of or related to the use of Third Party Materials, including but not limited to any breach of these Terms or any violation of law or the rights of a third party.
9. Links to Other Websites
The Platform may contain links to third-party sites ("Linked Sites"). Linked Sites are not under our control, and we are not responsible for the content of any Linked Sites. These links are provided for convenience only, and the inclusion of any link does not imply endorsement by us.
10. General Provisions
10.1 Severability
If any part of these Terms is held to be invalid or unenforceable, that part will be severed, and the remaining provisions will continue in effect.
10.2 Entire Agreement
These Terms constitute the entire agreement between you and Gradeo regarding the use of the Platform.
10.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
10.4 Force Majeure
We do not accept any liability for any failure to comply with the Terms and Conditions where the failure is due to circumstances beyond our reasonable control.
11. Contact Information
For any questions or concerns regarding these Terms, please contact us at contact@gradeo.com.au.