Terms and Conditions

STUDY WORK GROW Pty Ltd

ACN 626 075 018

Trading as Common Skills

Unit 6/149 English Street

Cairns, QLD 4870

Australia

1.1 In these Terms & Conditions unless inconsistent with the context or subject matter:

• ‘Account’ means a registered user account on the Platform, including any credentials, profile information, and associated data.
• ‘Assessment’ means any psychometric instrument, quiz, survey, or structured evaluation tool provided through the Platform, including but not limited to the CADI Career Clusters assessment.
• ‘Content’ includes any material, text, information, pictures, tools, sound, graphics, video, functions, and other data forming part of or contained in the Website, Platform, or Services from time to time whether in written form or otherwise.
• ‘Intellectual Property’ means all intellectual property rights, including without limitation inventions, patents, copyright, rights in circuit layouts, registered designs, trade marks, know-how, processes, concepts, intellectual property in the Services including the Website, the Platform, the Content, the names "Study Work Grow", "Common Skills", and "CADI", and any right to have information kept confidential and any application or right to apply for registration of any of these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms & Conditions.
• ‘Loss’ means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production, and any other special, incidental, exemplary, compensatory, consequential or indirect damages, losses or expenses howsoever arising or caused, including, without limitation, negligence, tort, contract or statute.
• ‘Online Tools’ means interactive tools, calculators, explorers, and other digital resources available through the Platform that do not constitute Assessments.
• ‘Organisation’ means a school, college, educational provider, tertiary education facility, government department, or other entity that subscribes to the Services on behalf of its community.
• ‘Organisation Community’ refers to the immediate community of the subscribing Organisation, being those employed by the Organisation, those enrolled in the Organisation, and the immediate family members of the above (including parents, guardians, and siblings).
• ‘Platform’ means the online platform located at commonflow.co and any associated applications or tools, including the Website and all Content.
• ‘Services’ means the career advisory services, information, tools, Assessments, Online Tools, functions, Content, and support available through the Platform and Website.
• ‘Study Work Grow’ means Study Work Grow Pty Ltd (ACN 626 075 018), trading as Common Skills.
• ‘Subscriber’ refers to an individual or Organisation that has formally subscribed to the Services.
• ‘User’ refers to any person in the process of accessing or using the Platform, Website, or Services, and includes a Subscriber.
• ‘User Information’ means any information (including contact name, address, telephone number, email address, and applicable billing information), documents, ideas, concepts, know-how or techniques entered on the Platform or Website or otherwise supplied by a User.
• ‘Website’ means the websites located at the domains studyworkgrow.com, commonskills.co and commonflow.co, and includes Content.

1.2 Common terms:

• A reference to a person includes any other legal entity and vice versa.
• Words importing the singular number include the plural number and vice versa.
• All references to gender are neutral and include all genders.
• A reference to a party includes the party‘s heirs, executors, successors and permitted assigns.
• Headings are for reference purposes only and must not be used in interpretation.
• Where any word or phrase is given a defined meaning, any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning.
• A reference to a statute includes all regulations and subordinate legislation and amendments.
• References to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes email.
• A reference to a monetary amount is a reference to an Australian dollar amount (unless otherwise specified).
• An obligation of two or more parties binds them jointly and each of them severally.
• An obligation incurred in favour of two or more parties is enforceable by them severally.
• Where time is to be reckoned from a day or event, the day or the day of the event must be excluded.
• A reference to a business day means any day on which trading banks are open for business in Queensland, Australia.
• If any time period specified in this agreement expires on a day which is not a business day, the period shall expire at the end of the next business day.
• A reference to a month means a calendar month.
• A reference to data includes metadata.

2.1 Some Content on the Website and Platform is freely available without an Account. Access to restricted sections, Services, and subscriber features is subject to compliance with these Terms & Conditions, including registration and, where applicable, payment.

2.2 Study Work Grow grants to you a non-exclusive, non-assignable licence to use the Platform in accordance with its normal and intended functionality and for personal or internal use only and strictly in accordance with these Terms & Conditions. Any use of the Platform or Services not specifically permitted, designed, or intended is strictly prohibited.

2.3 You are responsible for obtaining and maintaining your own internet connection and any equipment necessary to access the Platform, and for any costs associated with doing so.

2.4 If a User accesses or uses the Platform or Services on behalf of an Organisation, the User represents that they have authority to bind such entity to these Terms & Conditions and that it is fully binding on it.

3.1 To access the full Services, Users must create an Account. Each individual must have their own Account. Credentials must not be shared. Organisations must not share accounts among staff, students, families, or other parties. We provide role-based access so Users only see features appropriate to their role.

3.2 In order to create an Account, a User will be prompted to provide an email address, password, and account type. Users may use display names or pseudonyms for general platform use in accordance with our Privacy Policy.

3.3 Organisations may subscribe to the Services on behalf of their Organisation Community. On receipt of a subscription agreement and payment (or agreement to payment terms), the Organisation becomes a Subscriber entitled to access the Services for the agreed term. Unless otherwise agreed, subscriptions are for a 12 calendar month (1 year) term.

3.4 Without limitation, subscription entitles the Subscriber‘s Organisation Community to:

• Access to restricted features and Services on the Platform;
• Permission for members of the Organisation Community to create their own individual Accounts;
• Access to resources, tools, and Content available to Subscribers.

3.5 Accessing or using the restricted sections is limited to the Subscriber and, if an Organisation, the Organisation Community. Disclosure of account creation links or any restricted Content or Services to any third party outside of those parties is prohibited.

3.6 Upon expiry of the initial subscription term and any subsequent renewed term, provided there has not been any breach of these Terms & Conditions by the Subscriber, and unless otherwise agreed:

• If the Subscriber is an Organisation, the term will automatically renew for a further 12 calendar months (1 year) on the then current Terms & Conditions unless the Organisation notifies Study Work Grow otherwise via [email protected].
• If the Subscriber is an individual, the Subscriber may request renewal via the Platform or by contacting [email protected], and the term will renew for a further period on the then current Terms & Conditions.

3.7 Subscribers confirm that they have consent and/or lawful basis before disclosing any personal information through the Platform.

3.8 The User acknowledges that a valid email address is required to process subscriptions, feedback, and other electronic communication. Email addresses supplied by Subscribers and their authorised users may be retained and used only for the purpose for which they were provided.

3.9 The Privacy Act 1988 protects personal information regardless of age. Capacity to consent is determined by an individual‘s maturity to understand what is being proposed, rather than by a specific age threshold. Study Work Grow considers that individuals aged 15 years and over have capacity to consent to using the Services and providing personal information, unless there is reason to believe otherwise. Users under the age of 15 are required to obtain consent from a parent or guardian prior to creating an Account or using the Services. The parent or guardian must review and accept these Terms & Conditions on behalf of the User.

3.10 Where an Organisation provides access to the Services as part of its educational programme, the Organisation acts with the authority provided by parents and guardians through its usual enrolment and consent arrangements. Organisations remain responsible for obtaining all necessary parental or guardian consents in accordance with their own policies and applicable privacy legislation. Individuals subscribing directly who are under the age of 15 must obtain parental or guardian consent prior to subscribing.

4.1 The Subscriber acknowledges that certain Services and products are subject to payment.

4.2 Individual purchases: Individual Users purchasing products or services through the Platform must pay at the time of purchase via the online payment methods available. All individual purchases are processed immediately and are non-refundable except where required by Australian Consumer Law.

4.3 Organisation subscriptions and invoiced purchases: Organisations subscribing to the Services will be invoiced in accordance with the agreed terms. Unless otherwise agreed:

• Invoices are payable within 30 days of issue;
• Study Work Grow may provide access to Services upon issue of an invoice, but reserves the right to withhold or suspend access until payment is received in full;
• Where an Organisation has accessed Services or resources following issue of an invoice, the invoice remains payable in full regardless of any subsequent cancellation request;
• Organisations may request invoicing for individual product purchases through the Platform, subject to Study Work Grow‘s agreement.

4.4 The Subscriber acknowledges and agrees:

• To ensure that Study Work Grow has current, accurate, and complete contact, email, and billing details at all times;
• To pay all amounts using a valid payment method accepted by Study Work Grow from time to time;
• Study Work Grow reserves the right to change any fee, or to institute new charges or fees at any time, upon advance notice communicated through the Platform, email, or other reasonable means;
• To be responsible for any fees or charges incurred as a result of making a payment in a currency other than Australian dollars;
• Except for any statutory rights which are unaffected, all payments are non-refundable.

4.5 If any amount is not paid by the nominated due date:

• access by the Subscriber may be suspended; and
• the unpaid amount may be recovered by Study Work Grow as liquidated damages.

5.1 The User must comply with all clauses of these Terms & Conditions and all other terms or policies incorporated by reference.

5.2 The User must also comply with all applicable domestic (including common law) and international laws, statutes, ordinances, and regulations regarding the use of the Platform and Services.

5.3 User access to and use of the Platform, any Services, and any User Information, must not:

• be false, inaccurate, or misleading in respect of billing information, payment details, or when required for legal compliance;
• be fraudulent or deceptive;
• infringe any third party‘s Intellectual Property;
• be defamatory, unlawfully discriminatory, threatening, or harassing;
• be obscene, pornographic, or indecent, or contain vulgar, profane, discriminatory, offensive, or racist language;
• contain any viruses, trojan horses, worms, or other computer programming routines that may or are intended to damage, modify, delete, interfere with, or otherwise affect the integrity, operation, or security of the Platform;
• create liability for Study Work Grow or cause Study Work Grow to lose (in whole or in part) the services of its internet service provider, other Users, or other suppliers;
• damage the credibility or integrity of the Services or Study Work Grow;
• link directly or indirectly to or include anything that the User does not have a right to link to or include, or could cause Study Work Grow to violate any applicable law.

5.4 The User acknowledges and agrees they must not:

• impersonate or otherwise misrepresent their identity or affiliation with any other person or entity for billing, payment, or legal purposes;
• commit or permit any act which may interfere with the access to or use of the Platform or the Services by any other User;
• use the Platform to send junk, obscene, indecent, offensive, or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 or any similar legislation;
• attempt to gain unauthorised access to the Services or computer systems or networks connected to the Platform;
• tamper with, hinder the operation of, or make unauthorised modifications to the Platform or the Services;
• interfere with or disrupt the Platform or Services or servers or networks connected to the Platform;
• reverse engineer, decompile, or disassemble the Platform or the Services or any part thereof;
• copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence, or sublicence the Platform or the Services or any part thereof.

6.1 The Platform, Website, Services, and all parts thereof are protected by copyright and other intellectual property rights and remain the property of Study Work Grow immediately upon creation and at all times thereafter. Except as permitted by law, a User must not use, copy, reproduce, alter, modify, create derivative works, publicly display, or communicate any of the Platform, Services, and all parts thereof without the permission of Study Work Grow.

6.2 The User acknowledges and agrees that Study Work Grow owns the Intellectual Property and that no right, title, or interest in any of the Intellectual Property is transferred or granted to the User other than the rights granted expressly by these Terms & Conditions. A User must not at any time assert any right to or over such Intellectual Property or take, appropriate, or represent any or all such Intellectual Property as their own.

6.3 The parties agree that any intellectual or industrial rights in any additional or further or new works, material, or information created, formulated, or discovered during or after use of the Platform or a subscription, excluding User Information, will be the sole and exclusive property of Study Work Grow and the User will promptly sign all documents and do all things necessary to register, vest, or transfer any interest or ownership in such additional or further intellectual property rights to Study Work Grow.

6.4 Without limitation, the "Study Work Grow", "Common Skills", and "CADI" logos, names, and all product or tool names are owned by Study Work Grow, and may not be used as part of a User‘s business or in connection with any User or third party goods or services without prior written consent, which shall be given, given with conditions, or withheld at Study Work Grow‘s absolute discretion.

6.5 The CADI Career Clusters

6.5.1 The CADI Clusters concept, including all associated educational materials, Assessments, resources, and branding elements, is protected by copyright law. Study Work Grow retains all rights to this copyrighted material. This includes the individual CADI Clusters (Maker, Innovator, Informer, Coordinator, Linker, and Guardian), their composition, descriptions, and icons.

6.5.2 By using CADI Clusters materials, Users agree to the following terms:

• Users shall comply with all guidelines set forth in this Agreement and any additional instructions provided regarding the use of CADI Clusters materials.
• Users must properly acknowledge Study Work Grow as the source in all materials that reference or utilise the CADI Clusters concept.
• Users shall use CADI Clusters materials strictly in accordance with the guidelines provided. Any use, reproduction, or modification of CADI Clusters materials outside of these guidelines is expressly prohibited without prior written consent from Study Work Grow.
• Users shall maintain the integrity of CADI Clusters branding by using the correct terms, language, colours, and logos as specified in the provided brand guidelines.
• Users agree to use the most current versions of CADI Clusters materials, which will be made available on the Platform and communicated via email.
• The right to use CADI Clusters materials is non-transferable. Users may not sub-licence, sell, or transfer their rights under this Agreement to any third party.

6.5.3 Users wishing to create new materials or modify existing CADI Clusters resources must obtain prior written approval from Study Work Grow. Study Work Grow reserves the right to approve or refuse any proposed modifications or new materials. Any approved modifications or new materials created in collaboration with Study Work Grow shall remain the intellectual property of Study Work Grow, unless otherwise agreed in writing.

7.1 The Platform includes information, resources, and listings relating to occupations, industries, educational providers, employers, and other third parties ("Third Party Content"). Third Party Content is published to support Users’ career exploration and is selected and presented at Study Work Grow‘s editorial discretion.

7.2 Study Work Grow is not paid to recommend, prioritise, or promote any particular occupation, industry, educational provider, employer, or career pathway over another. The inclusion or ordering of Third Party Content on the Platform does not constitute an endorsement or recommendation. We do not accept sponsored content or paid placements that influence the presentation or ranking of information.

7.3 Study Work Grow may collaborate with industry bodies, educational providers, employers, and other organisations to develop content that combines our learning design expertise with their subject matter knowledge. These collaborations are undertaken to improve the quality and accuracy of information available to Users, not to promote the collaborating organisation.

7.4 Study Work Grow may offer organisations and industries the opportunity to enhance their profiles or listings on the Platform — for example, by adding a video, additional resources, or expanded descriptions. Where a fee is charged for such enhancements, it covers the additional costs incurred by Study Work Grow in implementing and managing the additional content. Payment for enhanced listings does not constitute an endorsement or recommendation by Study Work Grow, and does not influence the ordering, ranking, or prominence of any information on the Platform.

7.5 Third Party Content on the Platform is included free of charge as part of our commitment to providing comprehensive career information. We deliberately do not charge organisations for listing their information because we believe all relevant career information should be accessible to Users without gatekeeping.

7.6 Study Work Grow is not responsible for the accuracy, completeness, or currency of Third Party Content. While we take reasonable steps to verify the information we publish, Users should independently confirm any details with the relevant third party before making decisions based on Third Party Content. Study Work Grow will not be liable for any Loss arising from a User‘s reliance on Third Party Content.

8.1 Without limiting other remedies available to Study Work Grow at law, in equity, or under these Terms & Conditions, Study Work Grow may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate User access to the Platform or Services if:

• The User breaches these Terms & Conditions, including as to payment if applicable, and fails to remedy the breach within 2 business days of notice to do so; or
• The User uses or attempts to use or allows the use of the Platform or Services for any purpose inconsistent with these Terms & Conditions; or
• Study Work Grow is unable to verify or authenticate User Information; or
• Study Work Grow believes that User actions may cause legal liability for the User, other Users, or Study Work Grow; or
• In Study Work Grow‘s sole opinion, User conduct, acts, or omissions threaten, interfere with, or impact upon the integrity or credibility of the Platform or Services; or
• Study Work Grow suspects that the User has engaged in fraudulent or deceptive activity in connection with the Platform or Services.

8.2 Study Work Grow may immediately terminate access to or use of the Platform or Services in the event of unexpected technical or security issues or problems, and/or prolonged force majeure.

8.3 On expiry or termination of a User‘s access to the Services or Platform:

• Study Work Grow will cease to provide access to and use of the Services;
• the User must cease using any Account credentials;
• all payments previously made by, or on behalf of the User, remain the property of Study Work Grow and no party may make any claim in respect of such payments;
• Study Work Grow may delete all User Information which is held in the Platform or otherwise in its records, in accordance with the Privacy Policy.

8.4 The User agrees that all terminations for cause shall be made in Study Work Grow‘s sole discretion and that Study Work Grow shall not be liable to a User or any third party for any termination of access to the Platform or Services or loss of User Information.

8.5 Terms capable of doing so shall survive termination. Any rights which may have accrued to either party shall be unaffected.

8.6 Data Deletion on Termination — Organisation administrators may request removal of their Organisation‘s data from the Platform upon termination of services. If such a request is received, we will permanently delete the data within fourteen (14) days, including from any backups, and provide written confirmation via email once the deletion has been completed.

8.7 Deletion of Inactive User Data — We regularly monitor accounts for inactivity. A User will be considered inactive if they have not logged into the Platform for a continuous period of twenty-four (24) months. In such cases, we will notify the User of their impending removal. Data associated with inactive accounts will be permanently deleted no sooner than thirty (30) days after notification has been issued.

9.1 Study Work Grow has exercised its best efforts and judgement in compiling the information on the Platform and in the Services to ensure the information is correct, current, and complete, however the User acknowledges that:

• the User accesses the Platform and Services at their own risk;
• the Platform and Services are provided for information and general advisory purposes only and do not constitute professional, legal, or career advice;
• the Platform and Services should not be relied upon or regarded as a comprehensive assessment or evaluation or recommendation regarding a User‘s skills, competencies, or personality, or a User‘s prospects of success in a particular vocation, field, or industry;
• Assessments and Online Tools use algorithmic processing to generate general suggestions or provide potential indications, and these results are informational only — they do not constitute professional advice or determine access to services;
• Study Work Grow recommends that the User contact the relevant educational institution or professional or trade organisation before making any decisions about a career or future plans.

9.2 Except as expressly provided to the contrary, and to the extent permitted by law, Study Work Grow makes no representations or warranties of any kind, express or implied, as to the content or operation of the Platform or Services, access to or the results of access to the Platform or Services (including any related or linked websites), or the correctness, accuracy, timeliness, completeness, or reliability of the information, content, materials, or items included in the Platform or Services.

9.3 To the extent permitted by law, the Platform and Services are provided by Study Work Grow on an "as is" basis without any express or implied warranty of any kind. Without limitation, Study Work Grow does not warrant that:

• The Platform or Services will provide any function for which they are not specifically designed;
• The Platform or Services will provide any minimum level of performance or outcome;
• The Platform or Services will be virus free or free of performance anomalies or be operational without interruption;
• The Platform or Services will be free of inaccuracies or typographical errors.

9.4 Where the laws of any country or state in which these Terms & Conditions are effective implies into these Terms & Conditions any term, condition, or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition, or warranty shall be deemed to be included in these Terms & Conditions provided that the liability of Study Work Grow, its officers, directors, employees, agents, and related bodies corporate for a breach of any such term, condition, or warranty shall be limited, at Study Work Grow‘s option, to:

• in the case of Services, the supply of the services again, or the payment of having the services resupplied; or
• in any other case, the greater of the total fees the party paid to Study Work Grow in the 12 months prior to the action giving rise to liability and AU$100.00.

9.5 To the maximum extent permitted by law, we exclude liability for indirect or consequential loss. Nothing in these Terms excludes liability that cannot be excluded by law.

9.6 To the extent permitted by law, we limit our liability to resupplying the services or the cost of resupply. Nothing in these Terms excludes or limits liability that cannot be excluded by law, or liability arising from our wilful misconduct.

9.7 The User indemnifies us against third-party claims arising from the User‘s unlawful use of the Services or breach of these Terms. This indemnity does not apply to the extent a claim is caused by our negligence or wilful misconduct.

9.8 The Platform may contain links to third-party sites, services, or resources that are not owned or controlled by us. Study Work Grow does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If a User accesses any third-party site from our Platform, the User does so at their own risk and the User agrees that Study Work Grow will not be liable for any Loss under any circumstances.

10.1 If you have any queries, suggestions, or comments, they can be made in writing to [email protected].

10.2 Publication of electronic or physical addresses on the Platform is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.

10.3 Study Work Grow may amend, update, or change the Platform (including features, layout, and content) without prior notice. The User accepts the amendment, update, or change by continuing to use the Platform.

10.4 We will notify Users in writing of any changes to our appointed sub-processors, as well as any changes to the locations of our data centres or data storage facilities. This notification will be provided in advance of such changes wherever practicable, or otherwise as soon as reasonably possible, and will include details of the new sub-processor or data location. Continued use of the Services after such notification will constitute acceptance of the change.

10.5 Study Work Grow shall not be liable by reason of the failure in the performance of obligations under these Terms & Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond its reasonable control, including any form of technological failure or the actions of third parties.

10.6 These Terms & Conditions, together with our Privacy Policy (available at commonflow.co/privacy) and Acceptable Usage Guidelines (available at commonflow.co/guidelines), constitute the entire agreement between a User and Study Work Grow with respect to the Platform and Services, and replace all prior or contemporaneous understandings or agreements, written or oral.

10.7 If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms & Conditions shall remain in full force and effect.

10.8 The failure by Study Work Grow to insist upon or enforce strict performance of any of these Terms & Conditions will not be construed as a waiver of any right or remedy of Study Work Grow in respect of any existing or subsequent breach of these Terms & Conditions.

10.9 No waiver by a party of a provision of these Terms & Conditions is binding unless made in writing.

10.10 The law of Queensland, Australia governs these Terms & Conditions. The parties hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of the State of Queensland and the Commonwealth of Australia for any cause of action relating to or arising under these Terms & Conditions.

10.11 Study Work Grow operates the Platform from Australia. Information contained on the Platform may not be appropriate or available for use in other locations. If a User accesses the Platform from other locations, they do so at their own initiative and risk and are solely responsible for compliance with local laws.

10.12 The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under these Terms & Conditions.

10.13 Where possible, the obligations of the parties under these Terms & Conditions will indefinitely survive the finalisation or discontinuance of the parties’ dealings. These Terms & Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors, and permitted assigns.

10.14 The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it, or would otherwise benefit from it.

10.15 Any notice or demand in writing required to be given by Study Work Grow to you shall be sufficiently served if served personally, sent by pre-paid mail to the address advised, sent by email to the email address advised, or published on the Platform.

10.16 We will provide at least 7 days’ advance notice of any changes to these Terms & Conditions or our Privacy Policy. We will notify you in writing via email sent to the registered account email and by posting a notice on the Platform.