Terms and Conditions of Use 

 

     1. General

    1. Services provided by IA-CEPA ECP Katalis (“Katalis”), and your use of the Indonesia-Australia Skills Exchange (“website”, “site” or “platform”), are subject to the terms and conditions (“Terms”) set out below, any terms and conditions that appear in, are referred to, or are linked to by these terms and conditions, and any additional or supplementary terms and conditions you agree to when using the website. Subject to clause 1.2 below, in the event of any inconsistency or conflict, the terms and conditions set out below prevail.
    2. If you have separately entered into a written arrangement with Katalis for the supply of services, the terms of that arrangement prevail to the extent of any inconsistency or conflict with the Terms.
    3. If you do not accept these Terms, you must refrain from using the website or any services provided by Katalis.
    4. Katalis, ABN 23 006 170 869 of Melbourne, Victoria, Australia is the administrator of Katalis and the website and services provided by Katalis. 

     2. Scope of services

      1. The Indonesia-Australia Skills Exchange is a platform to support the skills development of the Indonesian workforce by connecting Indonesian Businesses and Individuals (Consumers) with Australian Skills providers (Vendors).
      2. Katalis enables the provision of information on the platform with caution and expertise but does not verify or guarantee that all information provided by third parties on the website is accurate, complete, correct or up to date. Katalis is not responsible for any errors (including placement or typing errors), and misleading, inaccurate, or false information of any third parties.
      3. Changes in market conditions or circumstances may lead to information provided by third parties to be inaccurate or outdated. In case of any problems, please contact Indonesia-Australia Skills Exchange customer support services skills@iacepa-katalis.org for assistance.
      4. In providing the services, Katalis administer an online platform to connect Consumers with Vendors. To the extent permitted by law, we are not responsible or liable for the acts or omissions of a Consumer or Vendor, and you have sole responsibility for any obligations or liabilities to the other party. We do not make any representations and should not be construed as making any recommendations or suggestions on the level of service quality or rating of third parties listed on the Site, and in no event shall we be responsible or liable for any information, content, products, services, or other materials provided or made available by third parties.

     3.  User Agreement

      1. By:
        1. accessing and/or using the website; and/or
        2. making a registration for, accessing and/or using any Katalis services, you acknowledge and agree that: 
          1. you have had the opportunity to read and seek independent advice regarding the Terms and your obligations under them; and 
          2. you will be bound by these Terms, as applicable to your website use and/or use of Katalis services
      2. These Terms (including any Terms and Conditions for registration and services) may be amended at any time without notice.

     4. User account

    1. Users must create an account to use the platform and the user acknowledges that personal information such as names, contact details will be collected for the purposes of account creation. Proof of identity may be requested only if reasonably required.
    2. User account must not be shared or used by any other party.
    3. User must maintain security and confidentiality of their account password. If your password is compromised, the user must immediately notify Katalis.

     5. Rights and Obligations of User

    1. Katalis grants users certain limited rights (“Limited Licence”), which cannot be transferred or assigned, to access and use the Site to the extent expressly permitted by these Terms.
    2. You are responsible for any use of your Account and the management of passwords, including any use by agents who are invited to use an Account on your behalf.
    3. You must not access or link to or seek to access or link to any other person’s Account.
    4. You are solely responsible for the contents of material provided. This includes, but is not limited to material provided for databases, translation and interpreting.
    5. You assume all risks associated with use of the website and Katalis services, including:
      1. Except where a result of Katalis’ negligent act or omission, risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the website or your access to it or Katalis services; or 
      2. The risk that the content of this website and linked websites fails to comply with the laws of any country. 

                6. You agree:

    1. That all material, information and other types of data submitted to us will be, to the best of your knowledge, true and complete;   
    2. To provide certain, current, complete, and accurate information about you as prompted to do so by the website or any Katalis service;   
    3. Not to permit any other unauthorised person to use your Account or Katalis Online login details to update your information or modify bookings or requests;
    4. To keep your email and password secure;
    5. To notify us of any change in your email address or contact details;
    6. To supply document(s) and other materials requested by us;
    7. To cooperate with any reasonable requests in connection with Katalis’ delivery of Katalis services or notification to the intended recipient of the Katalis services;
    8. To use the website and Katalis services only for lawful purposes and in a manner that does not infringe the rights or restrict or inhibit the use and enjoyment of the website or Katalis services by any third party;
    9. To refrain from publishing defamatory or offensive comments in the use of this website. If you are found to be entering defamatory or offensive comments into the website you may have your Account locked, suspended or terminated;
    10. To comply with all relevant legislation of the Commonwealth and of all applicable States, Territories and local authorities in your relevant jurisdiction, in using the website and Katalis services, in particular:
      1. Crimes Act 1914 (Cth);
      2. Racial Discrimination Act 1975 (Cth);
      3. Sex Discrimination Act 1984 (Cth);
      4. Disability Discrimination Act 1992 (Cth); and
      5. Equal Opportunity for Women in the Workplace Act 1999 (Cth); and

              11. That unauthorised use of this website could result in criminal prosecution.

     6. Suspension or termination of your Account.

  1. Katalis, acting reasonably, may lock, suspend or terminate your Account(s) at any time. This includes, without limitation, where:
    1. you breach any provision of these Terms; or 
    2. your Account is inactive or dormant. 

     7. Nature of Relationship 

    1. Nothing in the Terms shall be construed to place Katalis and you in a relationship of partner, principal and agent or as entering into a joint venture, unless otherwise agreed in a separate agreement.

     8. Information that you provide to us

    1. When you submit information on the website or through any Katalis services, you grant Katalis an intellectual property licence to publish, transmit or otherwise use that content for the purpose of providing or managing Katalis services, and for any related purpose.
    2. Katalis reserves the right not to publish the content you submit.
    3. You represent and warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
    4. You waive any moral rights to the content that you provide to Katalis in accordance with these Terms.
    5. By agreeing to these Terms, you consent to the use of your personal information for the purposes of supplying Katalis s You can obtain more information about the way in which Katalis will manage your personal information by accessing our detailed privacy policy.

     9. Disclaimer

    1. You expressly agree that use of the website or Katalis services is at your sole risk.
    2. No advice or information, whether oral or written, obtained by you from Katalis or through Katalis services shall create any warranty or representation not expressly made herein.
    3. Katalis makes no representation or warranty:
      1. that the website or Katalis services will meet your requirements, or that access to and use of the website or Katalis services will be uninterrupted, timely, secure, or error free;
      2. as to the results that may be obtained from the use of Katalis services or as to the accuracy or reliability of any information obtained through Katalis services;
      3. as to the quality of interpreting services that may be obtained from the use of the website or Katalis services;
      4. that information and services provided on the website do not infringe the intellectual property rights or any other rights of any person and Katalis does not authorise or accept responsibility for the reproduction of any material on the website;
      5. that the content of the website complies with the laws of any country;
      6. that the material or any information provided on the website or any linked website will not cause damage, or is free from any computer virus or any other defects or errors;
      7. as to the suitability of the website or Katalis services for any purpose; and
      8. as to the suitability of the information accessible for viewing by minors or any other person.
    4. Katalis accepts no responsibility for the completeness or accuracy of any of the information contained on or accessed through this website and makes no representations or warranties about its suitability for any particular purpose.
    5. Katalis will use all reasonable efforts to ensure that the information on the website is accurate and comprehensive. However, the information is only intended as a basic guide to relevant laws, and does not address the complexities of particular circumstances. You should seek independent advice about your individual circumstances.
    6. To the extent permitted by law, Katalis excludes all liability to you or anyone else for any loss (including consequential loss, indirect loss and loss of any profits), injury or damage of any kind (however caused or arising) relating in any way to the website and Katalis services including, but not limited to, loss, injury or damage you might suffer as a result of:
      1. the use of, or reliance on, the information contained on or accessed through this website whether or not caused by any negligence on the part of the Katalis or its agents;
      2. your use of or access to the website or Katalis services or your inability to access the website or Katalis s
      3. any interruption or cessation of transmission to or from the website including a failure to receive an Electronic Instruction for whatever reason;
      4. any unauthorised access to or use of the website’s secure servers;
      5. any interference with or damage to your computer system, software or data occurring in connection with or relating to the website or use of Katalis services including in relation to any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party;
      6. the quality or fitness for any purpose of any linked sites;
      7. the risk that the content of the website and linked web sites complies with the laws of any country outside Australia; or
      8. any delay in Katalis performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, unavailability of interpreters, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries, severe weather event, natural disaster or other act of God, except to the extent caused by Katalis’s default or negligent act or omission.
    7. Katalis makes every effort to ensure that links on the website are kept up to date. The currency of the links is dependent upon the owners of those sites letting us know of any changes. If you find a link that does not work, please contact us by telephone or via the online feedback form on the website.
    8. Katalis has no direct control over the content of linked third party websites and does not endorse or accept responsibility for any linked third party websites or its content or for any loss or inconvenience arising from use of a linked third party website or its content.
    9. Information or materials which are offensive, pornographic, unsuitable for minors' access or otherwise of a criminal or violent nature may be accessible through this website either as a result of hacking or material placed on linked websites. Such incidents are outside of Katalis’ control and as such no responsibility will be attributable to Katalis for such incidents.
    10. You agree that your use of the website and Katalis services will be logged for the purpose of security and usage monitoring. For further information refer to the website's privacy policy.

     10. Limitations of liability

    1. Katalis does not make any kind of guarantee or warranty, whether express or implied, for a product or s
    2. Katalis makes no guarantee on accuracy, authenticity, integrity or quality of content, sites, or resources available to and from site.
    3. Katalis is not liable for any losses or damages of users resulting from use of the website or links on the site.

     11. Disputes resolution

    1. First discuss in good faith to reach amicable resolution within sixty (60) days from date of notice of dispute.
    2. Refer to mediation if unable to reach amicable resolution.

     12. Communications

    1. Users registered with accounts agree to receive email from time to time in relation to their registrations.
    2. We will, from time to time, provide information about changes to services via the Katalis website. You must refer to the website for any general information and communications that may impact on the delivery of Katalis s
    3. If you have subscribed to receive e-communications you may receive news items and information about service changes via email. You may unsubscribe at any time.

     13. Security

    1. Katalis will make all reasonable efforts to ensure your information is secure, accurately recorded and not corrupted or changed.
    2. Katalis is responsible for the security of your information while it is collected by, stored on or passing through Katalis systems.
    3. Other agencies are responsible for the security of your information while it is collected by, stored on or passing through systems within their control.

     14. Force Majeure

    1. Katalis is not liable for any violation of terms of service, transaction failure, restricted access, website downtime, or damages due to Force Majeure events (natural disasters, war, sanctions etc.).