The following Legal Terms and Conditions are available on www.digitalbackpack.com.au (hereinafter known as the ‘Website’, or digitalbackpack.com.au) and establish the conditions of use and access to the services offered to users by digitalbackpack.com.au regarding the brand, products and services of Digital Backpack and Solutioneers Pty. Ltd – ACN: 131 045 059 and ABN: 65 131 045 059 (hereinafter known as “The Company”).
The use of the Website implies the acceptance of these Legal Terms and Conditions by the user (hereinafter always referred to as ‘User’). It is necessary for the User to carefully read this document and be aware that the Website and the Legal Terms and Conditions described herein may be subject to change.
Legal Terms and Conditions: This document, as well as any addendum, annex, notes or modifications that may be attached, at any time while the Website remains valid and functioning, which constitutes the legal terms and conditions regarding the relationship between the User and the Website.
Documents: Professional documentation such as resume’s, cover letters and e-Portfolios, as well as any other which can be incorporated in the Website and edited, created, modified, altered etc.
Services: Specialised contents and services related to professional documentation, including those that permit the creation of a resume, cover letters and e-Portfolios as well as any other which may be incorporated in the Website.
Users: The person who is authorised to access the digitalbackpack.com.au Website according to the available modes, either as a visitor and potential User of the Website or with prior registration in the Web and thus acceptance of these Legal Terms and Conditions for the use of services provided by digitalbackpack.com.au.
Web/Website: The webpage where digitalbackpack.com.au offers its services, managed and marketed by digitalbackpack.com.au and / or its business partners and associates.
Description of Services
The services available on the webpage www.digitalbackpack.com.au are provided by digitalbackpack.com.au, owned and as such managed entirely by Solutioneers Pty. Ltd.
Digitalbackpack.com.au is a service platform that allows its Users access to specialised contents and services (hereinafter referred to as ‘the Services’) relating to professional documentation such as those that permit the creation of a resumes, cover letters, e-Portfolio’s and store other documents related to job search.
To access the Web, Users must have the necessary equipment, which includes all necessary tools to establish an Internet connection (including PCs or laptops, modems, tablets, other devices, etc.) for which digitalbackpack.com.au cannot be held in any way liable or responsible.
This policy refers to information that is input to The Website by users of The Website.
1. We respect your privacy
1.1. The Company respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the National Privacy Principles established by the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
1.2. “Personal information” is information we hold which is identifiable as being about you. This information normally includes your name and email address for the purpose of creating a user account. You may choose to disclose further information if you choose to use some of the tools contained within the site.
2. Collection of personal information
2.1. Any information and data provided by The User in the course of the use of this website will be handled according to the The Privacy Act (1988) and the Australian Privacy Principles (2014). This information will only be used for the purposes of:
- Facilitating The User‘s access to and use of the website
- Preparation of user generated documents
- Provision of lost passwords
Any information provided by users of this website will never be passed on to third parties nor shared with companies / people outside of the operators of this website.
2.2. The Company may use personal information collected from you to provide you with information and updates to our services.
2.3. The Company may contact The User by a variety of measures including, but not limited to telephone, email, sms or mail.
3. Disclosure of your personal information
3.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
3.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
3.3. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
4. Security of your personal information:
4.1. The Company is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
4.2. The website and data are stored on a dedicated Australian Server located in a Sydney Data Centre. Our server has 24/7 monitoring from our Network Operations centre (NOC) and is fully firewalled and all data is backed up twice daily.
4.3 Never email passwords. Passwords are encrypted and changed via secure links. If The User changes a student’s password via their User Account and emails it, The Company will not be responsible for any associated risk or security issues. Furthermore, The User must adhere to The Company “Password Quick Guide” to ensure student data is safe.
5. Access to your personal information:
5.1. You may request details of personal information that we hold about you or your students in accordance with the provisions of the Privacy Act 1988 (Cth) by logging into your user administration account or by contacting The Company. The same process can be used to seek correction of this information.
6. Complaints about privacy:
6.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to PO Box 309, Port Macquarie NSW 2444, Australia. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
7.1. The Company may amend these Conditions of Use from time to time to cater for upgrades, changes, new features and new laws and technology. You are responsible for regularly reviewing them. Your continued use of The Company constitutes your agreement to the current version of the Conditions of Use. The Company will however email the account holder to inform them when amendments take place.
The contracting of digitalbackpack.com.au Services will be made through payment of the corresponding fee. This fee will be taken annually on the anniversary date of the initial subscription.
Once payment is received, the User will have instant access to the Website platform and will continue to have access until they terminate their subscription.
Charges that appear on the User’s credit card will be from “Solutioneers Pty. Ltd.” (ABN: 65 131 045 059).
Cancellation rights and refund policy
Users may cancel their subscriptions at any time. However, Users cancelling their subscription will not receive any refunds or reimbursements for subscription fees and payments already billed, even if the cancellation occurs on the first day of each corresponding billing period. In the event of a cancellation of the subscription, Users will retain their full access to the website for the rest of the corresponding billing period, after which, access to the website and full access membership will automatically be removed.
A full refund will be provided if the service is found to be faulty or connection to the service is not able to be completed through no fault of the customer/User.
General Conditions of Use
digitalbackpack.com.au reserves the right to make changes and / or improvements at any time to the information contained on the Website or to the configuration of the Website at any time and without prior notice, that will be subject to the conditions established in these Legal Terms and Conditions.
In particular, it reserves the right to unilaterally modify, without prior notice, the presentation, configuration and content of the Website, and of the Services provided, as well as its operating rules and these Legal Terms and Conditions, acting always in accordance with the implementing legislation, and provided there is sufficient cause for it.
In the event of modifications, they would be communicated through the Website itself or according to the means deemed most effective for the general knowledge of Users, and will be made for the improvement and updating of the operation.
Any modifications will take effect immediately at the time of their publication on the website.
The User agrees to correctly use the Web in accordance with the law and the present legal notice, morality and public order. The User will respond to digitalbackpack.com.au, or to third parties for any damages that could be caused as a result of the breach of said obligation.
Access, navigation and use of the Website is the responsibility of the User and he/she promises to use the contents diligently, correctly and lawfully, as well as to faithfully respect any additional instruction provided by digitalbackpack.com.au or authorised personnel of digitalbackpack.com.au regarding the use of the Website and its contents. The individual User endeavours to abstain from but not limited to the following:
- Use the contents for purposes or actions contrary to law, morality and generally accepted good customs, or public order. To this end, digitalbackpack.com.au reserves the right to prevent or prohibit access to any Internet User that introduces in this Website any content contrary to the Web or morality regulations, also reserving the right to exercise all legal measures that could correspond to avoid this type of conduct.
- Reproduce, copy, distribute or permit public access through any form of public communication; Alter, change, modify or adapt the contents, unless authorised by the holder of the corresponding rights or legally permitted.
- To use the contents and, in particular, the information of any kind obtained through the Web or its services to send publicity, communications for the purpose of direct sale or with any other kind of commercial, promotional or message-sending purpose (including any type of ‘junk mail’, ‘spam’, ‘chain letter’, ‘pyramid scheme’ or similar), as well as to market or otherwise disclose said information.
- Perform any act contrary to the norms that regulate the protection of personal data, the market and consumers, intellectual property, tax rules, protection of honour, privacy, and image and reputation of persons or entities.
- Perform any act of defamation, abuse or aggression, harassment, threat and / or fraud of any kind; as well as any act or activity that is considered or may be considered obscene, indecent, pornographic or related to pornography, or in any other offensive sense.
- Perform any activity that could give rise to civil or criminal liability, which encourages conduct punishable by law, or encourages or promotes illegal activities such as ‘hacking’, ‘cracking’ or ‘phreaking’.
- Introduce by any means elements such as viruses, worms, Trojans, ‘Easter eggs’, ‘time bombs’, spyware, or other software, codes or files that could be harmful, dangerous or invasive, or that could damage or misuse digitalbackpack.com.au’s operations, or monitor or control the use of any type of hardware, software or equipment.
- Use any robot, ‘spider’, search or retrieval application on the Web, or install or use any automatic or manual device to retrieve, index, perform ‘crapes ‘, ‘data mining’ or otherwise gather or store Web content, or reproduce or bypass the navigation structure or the presentation of the Web without prior express consent of digitalbackpack.com.au.
- Use of the Web for purposes detrimental to digitalbackpack.com.au, its property or interests, or third parties is expressly prohibited, or in any way that overloads, damages or renders networks, servers and other hardware, or products and applications (Software), digitalbackpack.com.au or third parties useless.
Users and, in general, any person who accesses the Web through any channel, should refrain from obtaining, or trying to obtain any kind of material accessible through the Web itself, or the services provided by the Web, using means or procedures other than those made available for that purpose.
Ownership of Information
The User is the sole owner of the Documents that he/she incorporates, creates, edits, modifies, manages or stores on the digitalbackpack.com.au website, therefore access to it by third parties other than the User, will be carried out under supervision and exclusive responsibility of the User. In any case, the User acknowledges the legality of all information used or disclosed in digitalbackpack.com.au, expressly exempting digitalbackpack.com.au, Solutioneers Pty. Ltd. or its service providers, or business partners from any liability arising from the possible unlawfulness of said information, and infringement of rights of third parties.
In order to obtain statistics regarding the number of visitors to the Web, digitalbackpack.com.au will use non-identifiable information related to them.
Jurisdiction and Applicable Legislation
The present Legal Terms and Conditions will be governed, interpreted and executed in accordance with Australian regulations in the state of NSW.
By using the Services from different locations, Users assume such use under their responsibility and at their own risk. Users must comply with the regulations established in the places where they are located and from where they access the Services as applicable.
Before beginning any procedure of intermediation or arbitration, the Users should contact digitalbackpack.com.au by email at firstname.lastname@example.org or by postal mail in order to try to reach a solution between the parties.
Complaints regarding the Service will be handled within 14 calendar days of receipt of the notice by email at email@example.com or in writing to the address: PO Box 309, Port Macquarie, NSW, Australia. In the event that the complaint is accepted by digitalbackpack.com.au, the User will have the right to use the Services in accordance with the agreed terms, or will be refunded the price paid for said Services.