Terms and Conditions

Unearthed Solutions Pty Ltd (ACN 602 886 895)

At Unearthed we believe in the power of entrepreneurship to transform individuals and communities, to create economic opportunity, and to address global challenges.

We created our platform of digital services (including this site) to help connect innovators around the world to great opportunities.

We ask that you treat our services and community with respect. Spam, personal attacks, and abusive language are not welcome here.

The Terms of Use below, and our Privacy Policy, set out the details that govern your use of this site and related services.

(Last revised: June 12, 2017)

unearthed.solutions is pleased to provide you with access to its website and related services owned or operated by Unearthed Solutions Pty Ltd (ACN 602 886 895) of c/o Core, 191 St Georges Terrace, Perth, WA 6000 and its related bodies corporate (the website and company are referred to as US in these terms and conditions) on these terms and conditions.

By accessing or using US you agree to be bound by these terms and conditions of use (and the other terms and conditions and policies referred to in these terms and conditions and any other notices on US) as amended from time to time.

1 About US

US publishes or makes available on US information, advertisements, product and service offers, Software and links and other content supplied by US and third parties (Material). US does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on US or on any website that links from US, (including third party display advertisements).

US does not provide any warranty in relation to any services advertised on US by third parties including, but not limited to, any representation or warranty that the services are fit for the purpose intended or safe for the purpose intended.

2 Personal Use Only

Use of US is for your personal use only. Except for the Material held in your computer’s cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of US:

  • modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
  • use or attempt to use any Material published on US to create any website or publication or searchable database;
  • mirror or frame any website or page within US;
  • use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on US or generate or compile any document, index or database based on the Material published on US;
  • transfer or sell any information, functionality or products or services offered on US; or
  • undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.

    • If US considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these terms and conditions or in a manner contrary to US’s interests, then US may immediately terminate your right to access and use US at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to US.

    3 You are Responsible for the use of US

    Whilst US takes care to ensure that the Material on US is correct, current and free from errors, US does not warrant the accuracy or completeness of or the representations made in the Material on US or any website that links from US or any information received as a result of using US. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.

    The services and Material made available on US may not be appropriate, correct or sufficient for your circumstances, should not be relied on as the only reason you do or do not do anything and may not be continually accessible or free from errors or viruses.

    You agree to indemnify US against any liability, loss, claim or demand if US (or any of its officers, representatives, employees or agents) suffers any loss or damage or incur any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.

    You must keep your username and password to access US secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to US that you accept all liability for any unauthorised use of any username and password issued to you.

    4 Services Provided By US, Payment and Amendments

    If US offers services to you, those services may be subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.

    US may offer you the ability to purchase a profile on US for a fee notified by US from time to time. You acknowledge that US is not providing any form of advice to you whether you purchase a profile on US or not. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

    If you are not satisfied with your service you can request a refund by writing to [support [at] unearthed.solutions]. This refund may be provided within 28 days of the payment by you and US reserves the right to assess requests for refunds on case-by-case basis entirely at its own discretion.

    5 Services Provided By Third Parties

    If services are offered on or through US by third parties (sellers):

  • US does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any person’s services;
  • US will not be responsible for the terms of any transaction between you and any person; any services purchased by you from any person or; resolving any dispute between you and any person.

    • 6 Disclaimer & US Liability to You is Limited

    Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any services provided by US are HEREBY EXCLUDED.

    US does not warrant or represent that all information on US websites is current, up to date or in compliance with all applicable laws, regulations and other statutory provisions (legislation). Any reference to any legislation or any provision of any legislation includes any modification or re-enactment of the legislation or any legislative provision substituted for, and all legislation and statutory instruments and regulations issued under, the legislation.

    To the full extent permitted by the law, US will only be liable to you:

  • pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of US is limited, at US’s option, to (A) supplying the relevant services again or (B) paying the cost of such replacement supply;
  • except to the extent that liability cannot be excluded, US will not be liable to you:
  • > for claims arising out of or in connection with your access and use of US and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
  • > to the full extent permitted by law, US will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
  • For these purposes, the term US will mean US, its officers, employees, contractors and agents, whether individually or collectively.

    • These terms and conditions will survive the expiration or termination of this agreement.

    7 Cancellation and Termination

    If you have purchased a profile or if you operate an account with US, you are solely responsible for properly cancelling your profile or account. An email or phone request to cancel your account will not be a valid cancellation. You can only cancel your account at any time by clicking on the account link in the global navigation bar at the top of the screen. The account screen provides a simple no-questions-asked cancellation link.

    All of your content will be immediately inaccessible from the service upon cancellation. Within 30 days, all this content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted.

    US, in its sole discretion, has the right to suspend or terminate your profile or account and refuse any and all current or future use of the service for any reason at any time. Such termination of the service will result in the deactivation or deletion of your profile, account or your access to your account, and the forfeiture and relinquishment of all content in your account. US reserves the right to refuse service to anyone for any reason at any time.

    8 Copyright, Trademarks and Licence

    Material on US is © Unearthed Solutions Pty Ltd and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by US. Unless otherwise indicated on US, the material on US is owned by or licensed to US and is subject to copyright (the "Copyright Material").

    You may:

  • only copy or reproduce the Copyright Material for the purpose of browsing US or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
  • not alter or modify the Copyright Material in any way or remove any legal notice associated with it.

    • unearthed.solutions and other names of US product and/or services referenced herein may be trademarks of Unearthed Solutions Pty Ltd. Other product and company names mentioned on US may be the trademarks of their respective owners. Nothing displayed on US should be construed as granting you any intellectual property rights including the right to use any trademark, without US’s (or the relevant owner’s, if applicable) express written consent.

    In consideration of US allowing you to access and use US you grant to US a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any non-confidential material you post, upload or otherwise transmit via Communications Services and to sub-licence the same for such purposes as US determines from time to time (subject to the US Privacy Policy). You warrant that: you have all necessary rights in the content that you contribute, the content is not defamatory, that it does not infringe any law and you indemnify US, its officers, agents and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of that warranty. You waive any moral rights you may have in relation to the material.

    9 Account login or registration with US

    If you choose to obtain an account login to or register with US, additional products and services may be made available to you.

    By obtaining an account login or registering on US for any reason (including hackathons or online competitions), you agree:

  • that US will gather data about you that it will use for US’s purposes;
  • to receive electronic communications from US about its products and services;
  • that your detailed profile may be used for third party purposes by US’s customers and users, including recruitment purposes; and
  • that you are solely responsible for the accuracy of any information or data that you supply or enter into US.

    • If you choose to utilise products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.

    You may access US via the Application Program Interface (API). Access to API is bound by these terms and conditions.

    10 Communications Services

    US may provide you with the ability to communicate with US, advertisers and users of US through agreements, online forms, electronic requests and enquires, bulletin boards, blogs, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).

    You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by US. You should not however, consider Communication Services to have been reviewed, screened, or approved by US.

    Use of the Communications Services is provided on condition that you do not do any of the following:

  • transmit any information or material which is knowingly incorrect, misleading or deceptive;
  • transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
  • transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
  • use the Communications Services for any unlawful purpose;
  • post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights;
  • upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another's computer or damage any of US’s infrastructure;
  • delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
  • advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by US;
  • download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions;
  • excessively use the Communications Services in a manner which may hinder or prevent US from providing services to any other persons or which may threaten the integrity or use by any person of US;
  • authorise, aid, abet encourage or incite any person to do any of the above acts.

    • US may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.

    11 Software Services

    Any software that is made available to use or download from US ("Software") is owned by US and/or its suppliers.

    Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You must agree to the terms of the License Agreement before using the Software.

    If there is no License Agreement, US grants you a personal, non-transferable license to use the Software for viewing and otherwise using US in accordance with these terms and conditions, and for no other purpose. You must not:

  • copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
  • reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
  • introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
  • sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

    • 12 US and Your Privacy

    By using US, you agree to the US Privacy Policy which sets out how US collects, uses and discloses your personal information.

    13 What Law Governs these Terms and Conditions

    This Agreement is governed by and construed in accordance with the laws of the State of Western Australia, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.

    14 US May Change These Terms and Conditions

    US may at any time and, in its absolute discretion modify or amend the terms and conditions upon which services are supplied to you (including payment terms and pricing) by including such modifications or amendments in these terms of use and publishing them on US. Such modifications will be binding on you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.

    US may cease to provide you with access to US or any of its services without notice

    All rights not expressly granted are reserved.

    15 Security of Data

    US understands that your information is critical to you and your business, and that you need to be able to rely on the information US provides its users. US is designed to ensure the confidentiality, integrity and availability of the information we process and the systems that process it.

    16 Contact US

    If you have a question, problem or complaint or need to contact us:

    Location: Australia
    Postal Address: CORE hub, G 191 St George Terrace
    Contact: Zane Prickett
    Email: support [at] unearthed.solutions