Work With Caro

Terms of Use

Last Updated, 19 December 2023

CARO MONROY, an Empower Consulting Services PTY LTD (ABN 78636530964) company, (“Caro Monroy,” “we,” “us,” or “our”) warmly welcomes you to explore and use our various websites, including, but not limited to, caromonroy.com and academy.caromonroy.com (collectively referred to as the “Websites”).

By accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by the following Terms of Use and our Privacy Policy (together referred to as this “Agreement”). Please refrain from using the Websites if you do not agree to any of these terms.

Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.

1. Description and use of our Websites

Visitors, as the term suggests, are individuals who do not register with us but wish to explore the Websites. No login is necessary for Visitors. They can: (i) browse all publicly-available content on the Websites; (ii) contact us via email; (iii) make purchases of products and services through our Websites.

Registered Users have the capabilities of Visitors and can additionally: (i) access exclusive content exclusive to Registered Users; (ii) create, access, manage, and update personal accounts on the Websites; (iii) contribute comments and other content to the Websites (collectively, “Registered User Content”); (iv) enroll in various programs; and (v) subscribe to alerts and notifications.

It is important to note that CARO MONROY holds the discretion to accept or reject any individual as a Registered User, and the company reserves the right to deactivate any account, especially if it determines that a Registered User has violated the Terms of Use.

2. Community Guidelines

To ensure optimal functioning, users of CARO MONROY’s community must adhere to the following guidelines upon accessing or using the Websites, agreeing to:

  • Compliance with all relevant laws, refraining from any unlawful use of the Websites;
  • Avoidance of uploading or making available any content that infringes on copyrights, trademarks, rights of publicity, or other proprietary rights, and refraining from content that is defamatory, libelous, indecent, obscene, pornographic, invasive of privacy, promotes violence, or contains hate speech;
  • Refraining from stalking, threatening, harassing, or engaging in spam or commercial activities;
  • Staying on topic when posting Registered User Content;
  • Avoidance of using the Websites for collecting market research for competing businesses;
  • Non-impersonation of any person or entity, and avoidance of false representation of affiliation;
  • Refraining from interfering with the proper operation of the Websites, including attempts to interrupt operations through viruses, devices, or unauthorised access;
  • Avoidance of covering, obscuring, blocking, or interfering with advertisements and safety features on the Websites;
  • Non-use of robots, spiders, scrapers, or other automated means without express written permission, except for public search engines as outlined;
  • Avoidance of actions imposing an unreasonable or disproportionately large load on technical infrastructure;
  • Reporting of inappropriate content to us for review.

We retain the unilateral right to deny access or remove content not adhering to these Community Guidelines at our discretion, without notice.

3. Restrictions

Access to the Websites is limited to individuals aged 18 years or older. If you are 18 or older but below the age of majority in your jurisdiction, it is advised that you review this Agreement with your parent or guardian to ensure mutual understanding.

4. Sign-in Name, Password and Unique Identifiers

During the registration process for Registered Users, you will be required to create an account, providing a sign-in name (“Sign-In Name”), a password (“Password”), and potentially additional information aiding in future authentication of your identity (“Unique Identifiers”). It is essential to furnish accurate, current, and complete information when establishing your account. Each Sign-In Name and its corresponding Password are intended for the exclusive use of a single Registered User, and any sharing of access credentials, particularly for accessing our proprietary Content (as defined below), constitutes a material breach of this Agreement. You bear sole responsibility for maintaining the confidentiality and appropriate use of your Sign-In Name, Password, and Unique Identifiers, as well as for any actions, misuses, or communications made through the Websites using these credentials. Should the need arise to deactivate a Password or Sign-In Name or modify any Unique Identifier, you must promptly notify us. We retain the right to delete or alter your Password, Sign-In Name, or Unique Identifier at our discretion and without any liability to you for resulting loss or damage.

5. Fees & Payment

In consideration of any purchases made on the Websites, you are obligated to remit all applicable fees and taxes to CARO MONROY. We or our third-party payment processor are authorised to charge your credit card, bank account, or other approved payment method provided during the registration process to facilitate the full payment of fees and applicable taxes, to which you hereby give your consent. 

It is imperative that you provide current, comprehensive, and accurate billing and credit card information. Timely updates to all billing information, including address, card number, and expiration date, are necessary to maintain the currency, completeness, and accuracy of your account. In the event of a lost or stolen credit card or if you suspect a potential breach of account security, such as unauthorised disclosure or use of your Sign-In Name or Password, you must promptly notify us. By agreeing to these terms, you authorise CARO MONROY to obtain or determine updated or replacement expiration dates for your credit card should it expire. We retain the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you commit to settling all outstanding amounts upon demand. You are responsible for covering all collection costs, including attorney’s fees and associated expenses, for any outstanding balance. In specific cases, your credit card issuer may impose foreign transaction fees or related charges, for which you are accountable; it is recommended to verify these details with your bank and credit card issuer.

6. Intellectual Property

The Websites encompass various materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other content supplied by or on behalf of CARO MONROY, collectively referred to as the “Content.” This Content may be owned by CARO MONROY or third parties and is safeguarded by both Australian and foreign laws. Unauthorised utilisation of the Content may result in a violation of copyright, trademark, and other legal statutes.

Visitors are permitted to view all publicly-available Content solely for personal, non-commercial use. Registered Users, having purchased a product or service, may download and view the Content included in their purchased product or service for personal, non-commercial purposes. Apart from the explicitly outlined permissions in the preceding sentences, no additional rights to the Content (excluding a Registered User’s own content posted on the Websites) are granted, and the Content should only be used in accordance with this Agreement. Any other use requires the prior written consent of CARO MONROY, which retains all rights, title, and interest, including intellectual property rights, in and to the Content. All copyright and proprietary notices in the original Content must be retained. The Content may not be sold, transferred, assigned, licensed, sublicensed, modified, reproduced, displayed, publicly performed, or used in any other way for public or commercial purposes. Posting the Content on other websites, social media pages, or in networked computer environments for any purpose is explicitly prohibited.

Violation of any part of this Agreement results in the automatic termination of your permission to access and/or use the Content and the Websites, requiring the immediate destruction of any copies made of the Content.

The trademarks, service marks, and logos of CARO MONROY (“Caro Monroy Trademars”) featured on the Websites are registered and unregistered trademarks or service marks of CARO MONROY. Other company, product, and service names on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks” and collectively with CARO MONROY Trademarks, the “Trademarks”). No license or right to use the Trademarks is granted without prior written permission for each specific use. The use of Trademarks as part of a link to or from any site is prohibited unless pre-approved by CARO MONROY in writing. Any goodwill resulting from the use of CARO MONROY Trademarks benefits CARO MONROY.

Elements of the Websites are safeguarded by trade dress, trademark, unfair competition, and other Australian laws, and may not be copied or imitated, in whole or in part, through any means, including framing or mirrors. Express, written consent is required for each instance of retransmitting any Content.

7. Registered User Content; Licenses

By submitting Registered User Content to the Websites, you acknowledge and agree that such content will be accessible to others, and there is no confidentiality or privacy concerning your Registered User Content. You are solely responsible for all Registered User Content you upload, post, email, or transmit via the Websites.

While you retain all copyrights and intellectual property rights in your Registered User Content, you grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, copy, record, distribute, display, perform, and exploit your Registered User Content and its intellectual property and moral rights worldwide, through any means or technology now known or developed in the future. This license includes the right to use your Registered User Content, Sign-In Name, name, likeness, and photograph in connection with promoting the Websites, CARO MONROY, and our products and services. You represent and warrant that your Registered User Content is your original creation, you have the necessary rights to grant the license, and its use does not infringe or misappropriate the rights of any person or violate our Community Guidelines.

8. Unsolicited Submissions; Communications with Us

We do not accept, review, or consider any unsolicited ideas, suggestions, works, materials, proposals, or content (“Unsolicited Submissions”). Please refrain from sending Unsolicited Submissions, as we will delete them without reading. Despite this policy, if you submit Unsolicited Submissions, the following terms apply:

  • No fiduciary or confidential relationship exists between you and us.
  • Similarities between our materials and your Unsolicited Submission do not entitle you to compensation, and you release us from any claims arising from such similarities.
  • We encourage feedback on existing products and services but do not want content with confidential information. Any feedback provided becomes non-confidential and non-proprietary, allowing us unrestricted use without compensation or attribution to you.

9. No Warranties; Limitations of Liability

The Websites and the Content are provided on an “as is” and “as available” basis without any warranties, including that the Websites will operate error-free or be free of computer viruses. We disclaim all warranties, including title, merchantability, non-infringement, and fitness for a particular purpose. In connection with any warranty, contract, or tort claims, we and our licensors shall not be liable for incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption. Any direct damages resulting from your use of the Websites or the Content are limited to the fees you paid us for purchases made within the three (3) months preceding the claim. Some jurisdictions may not allow the exclusion of certain warranties, so some limitations may not apply to you.

The Websites may contain technical inaccuracies, typographical errors, or omissions. We are not responsible for such errors unless required by applicable laws. Information about products and services on the Websites does not imply their availability in your location. We reserve the right to make changes, corrections, and improvements to the Websites without notice.

10. External Sites

The Websites may include links to third-party websites (“External Sites”) for your convenience, but we do not endorse the content on these sites. The content of External Sites is developed by others, and we are not responsible for its accuracy. If you have concerns about External Sites, contact the site administrator. We do not make representations about the content of External Sites and are not liable for any linked External Sites’ content. Downloading files from any website should be done with caution to protect your computer. Accessing linked External Sites is at your own risk.

11. Representations; Warranties; and Indemnification

(a) If you are a Registered User, you affirm that:

  1. You possess ownership or necessary licenses, rights, consents, and permissions for all proprietary, privacy, publicity, trademark, trade secret, copyright, or other rights in your Registered User Content and any integrated works.
  2. Usage of your Registered User Content in accordance with this Agreement will not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party.
  3. You will not submit Registered User Content that breaches our Community Guidelines or any other terms of this Agreement.

(b) You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, successors, licensees, and assigns harmless from any damages, liabilities, losses, expenses, claims, actions, and/or demands, including legal and accounting fees, resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Websites; and/or (iii) your violation of any third-party rights, including copyright, trademark, property, publicity, or privacy rights. We will notify you of any such claim and assist, at your expense, in defending it. We reserve the right to assume exclusive defense and control of any matter subject to indemnification under this section, and you agree to cooperate with our defense.

12. Compliance with Applicable Laws

The Websites are Australian-based, and we make no claims regarding the legality of Content outside Australia. Accessing the Websites or Content from outside the Australia is at your own risk. Whether within or outside the Australia, you are solely responsible for ensuring compliance with the laws of your jurisdiction.

13. Termination of the Agreement

We retain the discretion to unilaterally limit, suspend, or terminate this Agreement and your access to the entire or any portion of the Websites, without prior notice or liability. We may also modify, suspend, or cease any part of the Websites at any time without prior notice or liability. The following sections will endure any termination of this Agreement: “Fees and Payment” (until all fees and taxes are settled), “Intellectual Property,” “Registered User Content; Licenses,” “Unsolicited Submissions; Communications with Us,”  “Representations; Warranties; and Indemnification,” and “Termination of the Agreement,”

14. Digital Millennium Copyright Act

CARO MONROY upholds the intellectual property rights of others and strives to adhere to relevant laws. We will assess all claims of copyright infringement and expeditiously remove any Content considered to have been posted or distributed in violation of such laws.

If you believe that your work has been replicated on the Websites in a manner that constitutes copyright infringement, kindly notify our agent following the Act’s requirements. Your notice should include: (i) a description of the copyrighted work being infringed and its specific location on the Websites; (ii) details about the original or authorised copy’s location; (iii) your contact information, including address, phone number, and email address; (iv) a statement affirming your good faith belief that the disputed use lacks authorisation from the copyright owner, its agent, or the law; (v) a statement, under penalty of perjury, asserting the accuracy of the information and confirming your status as the copyright owner or an authorised representative; and (vi) an electronic or physical signature of the copyright owner or the authorised representative.

15. Class Action Waiver

You acknowledge and agree that any arbitration or legal proceeding will be confined to the dispute between us and you on an individual basis. To the maximum extent permitted by law: (i) no arbitration or proceeding will be consolidated with any other; (ii) there is no entitlement or authorisation for any dispute to be arbitrated or resolved as a class action or to involve class action procedures; and (iii) there is no entitlement or authorisation for any dispute to be brought in a supposed representative capacity on behalf of the general public or any other individuals. YOU CONSENT THAT YOU MAY ASSERT CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF ANY ALLEGED CLASS OR REPRESENTATIVE PROCEEDING.

16. Equitable Relief

You recognise and agree that in the event of a breach or the potential violation of our intellectual property rights, confidential information, or proprietary rights by you, we will incur irreparable harm and, as a result, will be entitled to injunctive relief to enforce this Agreement. Without waiving any other remedies available under this Agreement, we may seek any interim, equitable, provisional, or injunctive relief deemed necessary to safeguard our rights and property until the resolution of the arbitration mentioned above.

17. Miscellaneous

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed upon by us and you in writing, this Agreement constitutes the entire agreement between you and us regarding the subject matter and supersedes all prior or contemporaneous agreements, whether written or oral, between the parties regarding the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

 

 

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