1.1 “Keyba” means Keyba Careers Pty Ltd (ACN 620 206 840), or any of its subsidiaries, body corporate or other related entities.
1.2 “Advice” means any advice provided by Keyba during any interaction with a Customer. All advice provided by Keyba during any interaction with a Customer is general in nature. Before acting on any advice provided by Keyba, Customers should carefully consider the appropriateness of the advice, having regard to their objectives, financial situation, needs and legal responsibilities.
1.3 “Customer” means the person, business, company or government departments/organisations or not-for-profit organisation, including external contractors engaged by the Customer that purchases any of the Products offered by Keyba.
1.4 “EEP” means Employer Engagement Program
1.5 “Employer Engagement Program” means the program offered by Keyba
1.6 “Manual” means any training manual provided by Keyba.
1.7 “Partners” means where Keyba is an authorised reseller allowed to recommend or sell a third party’s products.
1.8 “Products” means all products and services that Keyba supports, supplies or recommends including, but not limited to, Manuals, Software, Coaching & Training, Advice and Documents.
2.1 By signing the acceptance herein and placing the order with Keyba, the Customer agrees that they have read the terms and conditions and agrees to be bound by them.
3. Limitation of Liability
3.1 Keyba does not warrant that their Products are fit for their intended use and purpose. The Customer must make their own checks to ensure that the Products offered by Keyba meet their requirements and needs.
3.2 Keyba is not liable for any direct or indirect loss or damages which may arise out of, or consequential to the Products it supplies, including, but not limited to, Manuals, Software, Coaching & Training, Advice and Documents. The Customer agrees to keep Keyba indemnified against all liabilities, costs and expenses arising out of any claim the Customer may bring in relation to these Products.
3.3 All Products and Advice provided by Keyba are believed to be accurate and reliable at the time provided, but no warranty to that effect is given by Keyba, its employees or any other person. Keyba does not accept any liability for any claim which may arise from any person utilising a Product or acting on Advice provided by Keyba.
3.4 Where liability cannot be excluded, such liability is limited to the value of the Products purchased from Keyba. Keyba does not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by force majeure or any other event which is beyond Keyba’s control and is not preventable by reasonable diligence on the part of either Keyba or the Customer.
3.5 Keyba will not be held responsible if a Customer does not gain employment following completion of the Employer Engagement Program. The service provided by Keyba is not as a recruiter or employment agent, Keyba shall only provide the Customer with training and resources to assist the Customer in becoming more employable.
4. Ownership and Passing of Title
4.1 All systems and software remain the property of Keyba. By entering into this Agreement, Keyba provides the Customer access and support to use such system and software. Title for the systems and software does not pass to the Customer.
5. Cost Recovery
5.1 All reasonable costs, expenses and disbursements incurred by Keyba (including debt recovery costs, legal costs and agency fees) arising from or incidental to Keyba exercising a right under these Terms and Conditions are payable by the Customer upon demand.
6.1 Interest shall accrue at the rate from time-to-time fixed by the Penalty Interest Rates Act 1983 (Vic).
7. Intellectual Property
7.1 Whilst working with Keyba, the Customer will have access to Keyba’s intellectual property. The Intellectual Property is a valuable asset of Keyba.
Documentation provided to the Customer carrying the Keyba or Key Business Advisors copyright may only be used by the Customer. Such Intellectual Property is not to be distributed, copied or reconstructed for any other purpose, associated companies or external parties. The Customer should not use tools in a way that may be materially detrimental to or be inconsistent with the Keyba methodologies.
8.1 Keyba may cancel any contract to which these terms and conditions apply by giving written notice to the Customer. Keyba shall not be liable for any loss or damage whatsoever arising from such cancellation.
8.2 Monies paid to Keyba by a Customer are not refundable despite any purported cancellation of any contract or subscription entered into by the Customer and/or Keyba.
9. Governing Law
The laws of Victoria govern this Agreement. By signing this Agreement, the Customer consents to the exclusive jurisdiction of the Courts of Victoria.