Terms of Use
Explore Careers LLC
Table of Contents
WEBSITE TERMS OF USE 2
IMPORTANT NOTICE — PLEASE READ CAREFULLY 2
1. INTRODUCTION AND ACCEPTANCE OF TERMS 3
2. DEFINITIONS 5
3. ELIGIBILITY AND ACCESS 8
4. EDUCATIONAL PURPOSE; NO OUTCOME GUARANTEES 10
5. RELATIONSHIP BETWEEN USERS 12
6. ACCOUNTS AND REGISTRATION 13
7. EMPLOYER CONTENT AND EMPLOYER RESPONSIBILITIES 15
8. JOB LISTINGS AND APPLICATIONS 17
9. AI SERVICES 19
10. INTELLECTUAL PROPERTY RIGHTS 22
11. LIMITED LICENCE TO USE THE PLATFORM 24
12. PROHIBITION ON AUTOMATED ACCESS, SCRAPING, DATA EXTRACTION AND AI TRAINING 25
13. ACCEPTABLE USE 27
14. SECURITY AND SYSTEM INTEGRITY 29
15. USER GENERATED CONTENT 30
16. MONITORING, MODERATION AND REMOVAL 31
17. FEEDBACK AND SUGGESTIONS 31
18. TRADE MARKS 32
19. CONFIDENTIAL INFORMATION 33
20. COPYRIGHT COMPLAINTS AND NOTICE-AND-TAKEDOWN 35
21. THIRD-PARTY SERVICES, INTEGRATIONS AND EXTERNAL LINKS 36
22. PRIVACY AND DATA PROTECTION 37
23. PLATFORM AVAILABILITY, CHANGES AND MAINTENANCE 38
24. BETA FEATURES 39
25. FUTURE PRODUCTS, APPLICATIONS, APIs AND PREMIUM SERVICES 40
26. DISCLAIMER OF WARRANTIES 41
27. LIMITATION OF LIABILITY 42
28. INDEMNITY 45
29. SUSPENSION 46
30. TERMINATION 47
31. FORCE MAJEURE 49
32. EXPORT CONTROLS AND SANCTIONS 50
33. COMPLIANCE WITH LAWS; ANTI-BRIBERY; ANTI-MODERN SLAVERY 51
34. INTERNATIONAL USERS 52
35. GOVERNING LAW 52
36. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER 53
37. ELECTRONIC COMMUNICATIONS AND NOTICES 55
38. GENERAL PROVISIONS 56
39. CONTACT DETAILS 58
ACKNOWLEDGEMENT 59
WEBSITE TERMS OF USE
Explore Careers LLC
Effective Date: August 3, 2026 Last Updated: August 3, 2026
IMPORTANT NOTICE — PLEASE READ CAREFULLY
These Website Terms of Use (“Terms”) form a legally binding agreement between you and Explore Careers LLC. They govern your access to and use of the website located at https://explorecareers.com, together with all related sites, applications, platforms, portals, dashboards, tools, content, features and services we make available (collectively, the “Platform”).
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.
These Terms contain provisions that materially affect your legal rights, including:
• Section 4 (Educational Purpose; No Outcome Guarantees) — we make no guarantee of any employment, educational or financial outcome;
• Section 12 (Prohibition on Automated Access, Scraping and AI Training) — strict restrictions on data extraction and machine learning use;
• Section 26 (Disclaimer of Warranties) and Section 27 (Limitation of Liability) — significant limitations on our liability to you;
• Section 28 (Indemnity) — your obligation to indemnify us in certain circumstances; and
• Section 36 (Dispute Resolution; Binding Arbitration; Class Action Waiver) — which, for users in the United States, requires most disputes to be resolved by individual binding arbitration rather than in court, and waives your right to participate in a class action or jury trial, subject to a 30-day opt-out right.
This website is directed to users in the United States. Explore Careers operates separate websites for the United Kingdom, Australia and New Zealand. If you are outside the United States, please use the website for your country. See Section 34.
Nothing in these Terms limits or excludes any right you have that cannot be limited or excluded under applicable law.
1. INTRODUCTION AND ACCEPTANCE OF TERMS
1.1 Who we are
The Platform is owned and operated by Explore Careers LLC, a limited liability company organized under the laws of the State of Delaware, United States of America (“Explore Careers”, “we”, “us” or “our”), together with its subsidiaries and affiliates.
1.2 What we do
Explore Careers operates a school-to-work platform that connects students with employers for the purposes of career awareness, career exploration and career education. We work in partnership with high schools, technical and vocational schools, community colleges, career and technical education providers, school counselors, career advisers, educators, school districts and state education authorities across the United States, and we make employer-provided career content available to students through those partners.
Our customers are employers. Schools and educational institutions access the Platform free of charge. Students access employer content through their schools and educators, or where permitted, directly.
1.3 Acceptance
By accessing, browsing, registering for, downloading from, or otherwise using any part of the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference.
Acceptance may be indicated by any of the following, each of which constitutes your electronic signature and manifestation of assent:
(a) clicking a button or ticking a box indicating acceptance;
(b) creating, registering for or logging into an Account;
(c) submitting a form, registration, enquiry or download request;
(d) entering into a Commercial Agreement that references these Terms;
(e) accessing the Platform through a school-managed login, single sign-on, classroom link or educator-distributed access method; or
(f) continuing to browse or use the Platform.
1.4 Agreement on behalf of an organization
If you access or use the Platform on behalf of an employer, school, education authority, agency, institution or other legal entity, you represent and warrant that:
(a) you are authorized to bind that entity to these Terms;
(b) you have the capacity and authority to enter into legally binding contracts on its behalf; and
(c) references in these Terms to “you” include both you personally and that entity, which shall be jointly and severally bound.
1.5 Relationship with other agreements
These Terms apply to all users of the Platform. Where you have entered into a separate written Commercial Agreement, School Agreement, Data Processing Agreement, order form, insertion order, statement of work or similar signed instrument with Explore Careers, and there is a direct and irreconcilable conflict between that instrument and these Terms, the terms of that instrument prevail solely to the extent of the conflict and solely as between the parties to it. In all other respects these Terms continue to apply in full.
Additional supplemental terms may apply to specific features, campaigns, competitions, events, downloads, Beta Features or premium services. Those supplemental terms form part of these Terms and, in the event of conflict, prevail in respect of the specific feature to which they relate.
1.6 Changes to these Terms
We may amend, update, restate or replace these Terms at any time. Changes take effect when the updated Terms are posted on the Platform, unless we state otherwise.
Where changes are material, we will take reasonable steps to notify you in advance — for example by email, by notice on the Platform, or through your Account — and, where required by applicable law, we will obtain your consent or give you a right to terminate. For users under a Commercial Agreement, changes will take effect in accordance with the change-control provisions of that agreement, or if none, upon commencement of the next renewal term.
Your continued use of the Platform after changes take effect constitutes acceptance of the amended Terms. If you do not agree to the amended Terms, your sole and exclusive remedy is to cease using the Platform and, if applicable, close your Account.
We will indicate the “Last Updated” date at the top of these Terms. You are responsible for reviewing these Terms periodically.
2. DEFINITIONS
In these Terms, unless the context otherwise requires:
2.1 “Account” means any registered account, login, profile or credential set created on or issued for the Platform, including an Employer Account, Student Account, Teacher Account, School Account or administrative account.
2.2 “AI Services” means any artificial intelligence, machine learning, natural language processing, generative, recommendation, matching, ranking, summarization, classification, conversational or automated feature made available through the Platform, including any AI career assistant, chatbot, career-matching engine, quiz-scoring engine, content generation or content-summarization tool, whether developed by Explore Careers or licensed from or hosted by a third party.
2.3 “AI Output” means any text, summary, recommendation, suggestion, ranking, match, score, image, code, data or other material generated, produced, returned or displayed by the AI Services, whether in response to a User Input or otherwise.
2.4 “Applicable Data Protection Law” means all laws relating to privacy, data protection, student data, direct marketing and the processing of personal information applicable to a party, including the Family Educational Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA), the Protection of Pupil Rights Amendment (PPRA), the California Consumer Privacy Act as amended, the Student Online Personal Information Protection Act (SOPIPA), the comprehensive privacy statutes of Colorado, Connecticut, Virginia, Utah, Texas, Oregon and other states, analogous state student-privacy statutes, and all successor, implementing and equivalent legislation.
2.5 “Beta Features” means any feature, product, service, integration, model, dataset or functionality identified as alpha, beta, pilot, preview, trial, early access, experimental, “labs”, or otherwise not generally available.
2.6 “Commercial Agreement” means any signed or electronically executed agreement, order form, insertion order, subscription agreement, media schedule, campaign agreement or statement of work between Explore Careers and an Employer, School, education authority, partner or other customer governing the provision of paid or contracted services.
2.7 “Confidential Information” has the meaning given in Section 19.
2.8 “Content” means all information, data, text, copy, editorial, articles, blogs, videos, audio, podcasts, images, photographs, illustrations, graphics, animations, icons, infographics, charts, career pathway maps, occupational data, salary information, labor market information, quizzes, assessments, questionnaires, scoring logic, templates, worksheets, lesson plans, teacher resources, downloads, virtual experiences, webinars, event materials, software, code, scripts, prompts, model configurations, metadata, taxonomies, classifications, compilations and any other material made available on or through the Platform, of any kind and in any format.
2.9 “Employer” means any organization, business, government body, agency, not-for-profit, apprenticeship provider, training provider, university, further education institution, defense force or other entity that purchases, licenses, subscribes to, registers for or otherwise uses the Platform to promote careers, opportunities, employer branding, pathways or vacancies.
2.10 “Employer Content” means all Content submitted, uploaded, supplied, licensed, published, linked or otherwise provided to Explore Careers by or on behalf of an Employer, including employer profiles, company descriptions, brand assets, logos, imagery, videos, career pathway descriptions, role descriptions, Job Listings, salary and remuneration information, benefits information, entry requirements, application instructions, application links, contact details, events and any statements about the Employer or its workplaces.
2.11 “Explore Careers Content” means all Content on the Platform other than Employer Content and User Generated Content, including the Platform itself, its structure, look and feel, design, user interface, source code, object code, databases, taxonomies, career pathway frameworks, quiz logic, editorial content, educational resources, AI Services, AI prompts, model configurations and all Marks.
2.12 “Feedback” has the meaning given in Section 17.
2.13 “Intellectual Property Rights” means all intellectual property rights of every kind and description throughout the world, whether registered or unregistered and whether now existing or hereafter arising, including copyright and neighbouring rights, moral rights, patents and patent applications, trade marks, service marks, trade names, trade dress, get-up and goodwill, domain names, design rights, database rights and rights in compilations, rights in confidential information and trade secrets, know-how, rights in software and source code, rights in data and data compilations, publicity and personality rights, and all applications, registrations, renewals, extensions, revivals and rights to sue for past, present and future infringement in respect of any of them.
2.14 “Job Listing” means any advertisement, notice, posting, opportunity, vacancy, internship, apprenticeship, traineeship, cadetship, work experience placement, graduate program, scholarship, open day, expression-of-interest, talent pool registration or similar item published on the Platform by or on behalf of an Employer.
2.15 “Marks” means the name “Explore Careers”, the Explore Careers logo, and all other trade marks, service marks, logos, brand names, product names, taglines, slogans, domain names, trade dress and distinctive brand elements of Explore Careers, whether registered or unregistered.
2.16 “Minor” means an individual who has not attained the age of majority or the age of legal contractual capacity in their jurisdiction of residence, and includes any individual under the age of 18.
2.17 “Personal Information” means information relating to an identified or identifiable individual, as defined under Applicable Data Protection Law, and includes “personal data” and “personally identifiable information”.
2.18 “Platform” has the meaning given in the Important Notice above and includes all successor, replacement, extended and additional properties, mobile applications, application programming interfaces, browser extensions, integrations, embedded widgets and offline materials distributed by Explore Careers.
2.19 “Privacy Policy” means the Explore Careers privacy policy published on the Platform, as amended from time to time, together with any supplemental privacy notices, cookie notice, student privacy notice or jurisdiction-specific privacy notices. References in the Privacy Policy to our “Terms and Conditions” are references to these Terms.
2.20 “Prohibited Use” means any use described in Section 12 or Section 13, or otherwise prohibited by these Terms or applicable law.
2.21 “School” means any high school, secondary school, middle school, technical school, vocational school, career and technical education provider, community college, sixth form, further education college, academy, multi-academy trust, school district, education authority, ministry or department of education, or other educational institution or body that registers for, is granted access to, or uses the Platform.
2.22 “Student” means any student, pupil, learner, school leaver, graduate, apprentice or prospective jobseeker who accesses the Platform, whether through a School, an educator, a parent or guardian, or directly.
2.23 “Teacher” means any teacher, careers adviser, careers leader, counsellor, school administrator, pathways coordinator, librarian or other member of staff or authorized representative of a School.
2.24 “User”, “you” and “your” mean any person or entity who accesses or uses the Platform in any capacity, including Employers, Schools, Teachers, Students, parents and guardians, partners, and visitors.
2.25 “User Generated Content” means any Content submitted, posted, uploaded, transmitted, entered or otherwise made available on or through the Platform by a User, including profile information, quiz responses, saved careers, comments, reviews, questions, event registrations, survey responses, messages, files, images and User Inputs, but excluding Employer Content and Feedback.
2.26 “User Input” means any prompt, question, instruction, text, file, image or other material submitted by a User to the AI Services.
2.27 In these Terms: (a) headings are for convenience only and do not affect interpretation; (b) the singular includes the plural and vice versa; (c) “including”, “includes” and “for example” are not words of limitation and are to be read as if followed by “without limitation”; (d) a reference to a statute includes its subordinate instruments, amendments, re-enactments and replacements; (e) a reference to a person includes a body corporate, partnership, unincorporated body, trust and governmental authority; (f) no rule of construction applies to the disadvantage of a party because that party was responsible for drafting these Terms; and (g) “writing” includes electronic communication.
3. ELIGIBILITY AND ACCESS
3.1 General eligibility
To use the Platform you must:
(a) be capable of forming a legally binding contract under the laws of your jurisdiction, or have the required consent or authorization described in Section 3.3;
(b) not be barred from receiving services under the laws of the United States or any other applicable jurisdiction, including under the export control and sanctions provisions in Section 32;
(c) not have been previously suspended, removed, terminated or banned from the Platform; and
(d) comply with these Terms and all applicable laws.
3.2 Employer, School and Teacher eligibility
Employer, School and Teacher Accounts may only be created and used by individuals aged 18 or over who are acting in the course of their employment, engagement or office, and who are authorized by the relevant organization to do so. Explore Careers may verify the identity, authority, domain ownership, institutional affiliation or legitimacy of any such User and may refuse, suspend or revoke access where verification is not satisfactorily completed.
3.3 Minors and school-mediated access
Explore Careers is designed to be used by students, including students who are Minors, in an educational context under the supervision of a School or educator.
3.3.1 Access through Schools. Where a Minor accesses the Platform through a School, an educator, a school-managed login, a classroom link, a learning management system integration or a single sign-on service, that access is provided at the direction of, and under the supervision and authority of, the School. The School acts as the Minor’s institutional authority and, where required by Applicable Data Protection Law, as the party providing or procuring the necessary consent or authorization for that access, including any parental consent required under COPPA and equivalent laws.
As described in the Privacy Policy, Explore Careers does not act as a recipient of “education records” under FERPA. Identifiable student records are held and controlled by the School, not by Explore Careers.
3.3.2 School representations. Each School represents and warrants that it has: (a) the authority to permit its Students to access the Platform; (b) provided any notice to, and obtained any consent from, parents, guardians or Students required under Applicable Data Protection Law or its own policies; (c) satisfied itself that use of the Platform is appropriate for the age, maturity and needs of its Students; and (d) complied with all internal procurement, safeguarding, e-safety and data protection approval requirements applicable to it.
3.3.3 Parents and guardians. Where a Minor accesses the Platform other than through a School, the Minor must have the consent of a parent or legal guardian, and that parent or guardian agrees to be bound by these Terms and to be responsible for the Minor’s use of the Platform. Explore Careers may require verification of parental consent and may decline or terminate access where it is not provided.
3.3.4 Minimum ages. The Platform is not directed to children under the age of 13, and we do not knowingly collect Personal Information directly from children under 13. Student material reaches children through Schools, which are responsible for any parental consent required under COPPA and equivalent laws. We do not knowingly collect Personal Information directly from Minors aged 13 to 17 through the Platform outside the school-mediated educational context described in Section 3.3.1. Higher minimum ages apply where required by applicable state or federal law. If we become aware that we have collected Personal Information from a child in a manner inconsistent with Applicable Data Protection Law, we will take reasonable steps to delete it. Please refer to the Privacy Policy and contact us as set out in Section 39.
3.3.5 No contractual capacity assumed. Nothing in these Terms is intended to impose contractual obligations on a Minor beyond those permitted by the law of the Minor’s jurisdiction. Where a Minor lacks capacity to agree to a particular provision, that provision binds the School, parent or guardian who authorized the access, to the extent permitted by law, and is otherwise severed as against the Minor in accordance with Section 38.4.
3.4 No obligation to provide access
Access to the Platform is provided at our discretion. We may refuse, limit, condition, suspend or withdraw access to the Platform or any part of it, to any person, School, Employer, class of user, domain, network, region or country, at any time and for any reason, including where we consider it necessary to protect Students, to protect the integrity or security of the Platform, or to comply with law. Except where a Commercial Agreement provides otherwise, we have no obligation to provide access to any person.
3.5 Your equipment and connectivity
You are responsible for obtaining and maintaining all hardware, software, devices, operating systems, browsers, network connectivity and telecommunications services necessary to access the Platform, and for all associated costs. We do not warrant that the Platform will be compatible with any particular device, browser, network configuration or school firewall.
4. EDUCATIONAL PURPOSE; NO OUTCOME GUARANTEES
4.1 Purpose of the Platform
The Platform is an education and career awareness platform. Its purpose is to provide students, schools and educators with information, exposure and inspiration relating to careers, occupations, industries, employers, pathways and the world of work.
The Platform is provided for general informational and educational purposes only.
4.2 What Explore Careers is not
Explore Careers is not, and does not hold itself out as:
(a) an employment agency, employment business or employment services provider;
(b) a recruitment agency, recruiter, headhunter or executive search firm;
(c) a staffing agency, labor supplier or professional employer organization;
(d) a staffing company, temporary staffing agency or professional employer organization;
(e) an education provider, school, college, university, higher education institution or awarding body;
(f) a registered training organization, apprenticeship training agency, or accredited training provider;
(g) a careers counsellor, careers adviser, guidance counsellor or psychologist;
(h) a licensed financial adviser, legal adviser, immigration adviser, migration agent or tax adviser; or
(i) a party to any employment, engagement, apprenticeship, internship, training, enrollment or admission relationship between any User and any Employer or institution.
We do not source, screen, select, assess, place, employ, engage, supply, sponsor, endorse, vet or represent any candidate, worker, student or applicant. We do not act as agent for any Employer, School, Student or other User in relation to any hiring, admission or engagement decision.
4.3 No guarantee of outcomes
You acknowledge and agree that Explore Careers does not promise, guarantee, warrant or represent that your use of the Platform will result in, lead to, or improve your prospects of obtaining:
(a) employment, a job offer or any form of paid work;
(b) an internship, work placement or work experience opportunity;
(c) an apprenticeship, traineeship, cadetship or graduate program placement;
(d) an interview, assessment center invitation, shortlisting or application progression;
(e) a scholarship, bursary, grant, sponsorship or financial assistance;
(f) admission, enrollment, acceptance or a place at any school, college, university or training provider;
(g) any particular career outcome, career progression, promotion or career trajectory;
(h) any particular salary, wage, remuneration, benefit, bonus or financial outcome;
(i) any license, registration, certification, qualification or accreditation; or
(j) any visa, work authorization, residency or immigration outcome.
4.4 Informational content is not advice
Career information, pathway information, industry information, occupational data, salary information, labor market information, entry requirements, quizzes, assessments, blogs, videos, virtual experiences and similar Content are provided for general educational and informational purposes only. They:
(a) do not constitute careers advice, guidance counselling, psychological assessment, educational advice, financial advice, legal advice, immigration advice, tax advice or professional advice of any kind;
(b) are not tailored to your individual circumstances, aptitudes, needs, qualifications or objectives;
(c) may be generalized, indicative, aggregated, estimated, modeled, historical, regional, out of date or inaccurate;
(d) may not reflect current market conditions, statutory requirements, awards, enterprise agreements, licensing requirements or entry criteria in your jurisdiction; and
(e) should not be relied upon as the sole or primary basis for any educational, career, financial or life decision.
4.5 Salary and remuneration information
Salary, wage, remuneration and benefits information displayed on the Platform is indicative only. It may be supplied by Employers, derived from third-party datasets, aggregated from public sources, modeled, estimated or generated by AI Services. It may not reflect actual pay offered, applicable minimum wages, modern awards, collective or enterprise agreements, statutory pay scales, local cost of living, tax treatment, currency fluctuations or individual negotiation. We do not verify salary information and make no representation as to its accuracy or currency.
4.6 Independent verification
You are solely responsible for independently verifying any information on the Platform before acting on it, and for seeking appropriate independent professional advice, including from a qualified careers adviser, educator, licensed professional or the relevant Employer or institution.
4.7 Quizzes and assessments
Career quizzes, interest inventories, aptitude indicators, personality-style questionnaires and similar interactive tools available on the Platform are engagement and exploration tools only. They are not validated psychometric instruments, are not clinically or occupationally validated, are not diagnostic, and must not be used as a basis for selection, screening, admission, placement, streaming or any decision that produces legal or similarly significant effects for an individual. Results are indicative, non-predictive and provided for discussion and exploration purposes. Consistent with the Privacy Policy, quiz and assessment results are not used to build individual profiles of Students and are not disclosed to Employers as identifiable student information.
5. RELATIONSHIP BETWEEN USERS
5.1 No agency or partnership
Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, franchise, employment or exclusive relationship between you and Explore Careers. Neither party may bind the other or hold itself out as authorized to do so.
5.2 Interactions between Users
Any interaction, communication, dealing, correspondence, application, negotiation, contract, engagement, placement, enrollment or relationship between Users — including between a Student and an Employer, between a School and an Employer, or between any User and any third party — is solely between those parties. Explore Careers is not a party to, does not supervise, participate in, guarantee, insure, mediate or accept responsibility for any such interaction.
5.3 Your own due diligence
You are solely responsible for conducting your own due diligence in relation to any Employer, School, opportunity, program, event, product or service featured on or accessible through the Platform, including verifying identity, legitimacy, licensing, insurance, safeguarding practices, working conditions, pay, entitlements and legal compliance.
5.4 Safety
Students and Schools should exercise caution when engaging with third parties. Explore Careers does not conduct background checks, criminal record checks, working-with-children checks, DBS checks, right-to-work checks or safeguarding vetting on Employers or their personnel, except where expressly agreed in writing under a Commercial Agreement. If you encounter conduct that appears fraudulent, exploitative, unsafe, discriminatory or otherwise unlawful, please report it to us immediately using the details in Section 39, and to the appropriate authorities.
6. ACCOUNTS AND REGISTRATION
6.1 Account types
The Platform supports multiple Account types, which may include Employer Accounts, Student Accounts, Teacher Accounts, School Accounts, administrator accounts, partner accounts and such other Account types as we may introduce. Different Account types carry different permissions, features, visibility settings and obligations. We may introduce, modify, consolidate, rename or discontinue Account types at any time.
6.2 Registration information
When registering for an Account you must provide information that is accurate, current and complete, and you must keep it updated. You must not:
(a) register using false, misleading or impersonated details;
(b) register on behalf of another person without authority;
(c) use a name, handle or profile image that infringes the rights of another or is offensive;
(d) create an Account using an automated method or bulk registration; or
(e) create multiple Accounts to circumvent restrictions, suspensions, quotas or entitlements.
6.3 Account security
You are responsible for maintaining the confidentiality of your Account credentials and for all activity occurring under your Account, whether or not authorized by you. You must:
(a) use a strong, unique password and enable multi-factor authentication where offered;
(b) not share, sell, transfer, license, lend or disclose your credentials;
(c) not permit any other person to access the Platform using your Account, except that a School may administer Accounts for its Students and staff in accordance with Section 6.5; and
(d) notify us immediately at the address in Section 39 of any actual or suspected unauthorized access, credential compromise or security breach.
We are not liable for any loss or damage arising from your failure to comply with this Section 6.3. You may be liable for losses incurred by us or others due to unauthorized use of your Account.
6.4 Employer Accounts
Employer Accounts, including access to the employer dashboard and employer portal, are provided for the internal business use of the Employer for the purposes of promoting careers, opportunities and employer branding to Students through the Platform. Employer Accounts must not be used:
(a) to provide services to, or on behalf of, any third party (including as a recruitment agency, media agency or reseller) except where expressly authorized in writing by us;
(b) to access, extract, aggregate or analyze Platform data other than as expressly permitted by these Terms and any applicable Commercial Agreement;
(c) beyond the seat, user, campaign, territory, impression, listing or usage limits set out in the applicable Commercial Agreement; or
(d) after expiry or termination of the applicable Commercial Agreement.
Where an Employer engages an agency or contractor to operate its Account, the Employer remains fully responsible for that party’s acts and omissions as if they were the Employer’s own.
6.5 School and Teacher Accounts
Schools and Teachers may be granted access to administer, provision, supervise and monitor Student access to the Platform, to distribute Content to Students, and to access teacher resources. A School:
(a) is responsible for the acts and omissions of its staff and Students in relation to the Platform;
(b) must implement appropriate supervision, filtering, safeguarding and acceptable-use policies for its Students;
(c) must promptly deactivate access for staff and Students who leave the institution; and
(d) must not permit Platform access to be used for any purpose other than the education, careers guidance and career awareness of its Students.
6.6 Student Accounts
Student Accounts are not required in order to access career content on the Platform. As described in the Privacy Policy, Students ordinarily access employer and career Content through their School and educators, and Explore Careers does not collect identifiable Personal Information from them in doing so.
Where we make Student Accounts available, whether now or in future, this Section 6.6 applies to them and the Privacy Policy in force at that time governs the handling of any Personal Information collected. Student Accounts are personal to the Student and may only be used by the registered Student. Student Accounts must not be transferred, shared or used commercially. Where a Student Account is provisioned by a School, the School may have the ability to view, administer, reset, suspend or delete that Account in accordance with its own policies and Applicable Data Protection Law.
6.7 Inactive Accounts
We may deactivate, archive, anonymize or delete Accounts that have been inactive for an extended period, subject to Applicable Data Protection Law and our data retention practices described in the Privacy Policy. Where practicable we will give reasonable prior notice to the registered contact address.
6.8 No proprietary interest
An Account is a revocable, personal, non-transferable permission to access the Platform. You have no ownership interest in an Account, in any username, or in any Account-related data other than as expressly provided by Applicable Data Protection Law or a Commercial Agreement.
7. EMPLOYER CONTENT AND EMPLOYER RESPONSIBILITIES
7.1 Employers are solely responsible
Employer Content is provided by Employers, not by Explore Careers. Each Employer is solely and exclusively responsible for its Employer Content and for its conduct, including for:
(a) the accuracy, completeness, currency, truthfulness and non-misleading nature of all Employer Content;
(b) all recruitment, selection, screening, assessment, shortlisting, interviewing, testing and hiring processes and decisions;
(c) all matters of employment, engagement, apprenticeship, traineeship, internship, work placement and contracting, including contracts, terms and conditions, pay, superannuation or pension contributions, tax, leave, insurance, workers’ compensation, health and safety and termination;
(d) all workplace practices, culture, conduct, supervision, safeguarding, child protection, equal opportunity, anti-discrimination, anti-harassment and duty of care obligations;
(e) all legal and regulatory compliance applicable to it, including employment, labor, industrial relations, immigration and right-to-work, licensing, advertising, consumer protection, privacy, child protection, accessibility and industry-specific requirements in every jurisdiction in which its Employer Content is published or its opportunities are offered;
(f) the lawfulness, accuracy and non-discriminatory character of all job advertisements and Job Listings, including compliance with pay transparency and salary-range disclosure laws, prohibitions on age, gender, race, disability, religion and other discriminatory criteria, and requirements relating to unpaid work, work experience and internships;
(g) the accuracy of all salary, wage, remuneration, bonus, commission and pay-range information, including compliance with minimum wage, modern award, enterprise agreement, collective agreement and statutory pay scale requirements;
(h) the accuracy and availability of all stated benefits, entitlements, allowances, support, accommodations and adjustments; and
(i) obtaining all rights, licenses, consents and releases necessary for Explore Careers to host, reproduce, publish, translate, adapt, distribute and display the Employer Content, including from any individual appearing or identifiable in any employer video, image or testimonial.
7.2 Explore Careers accepts no responsibility
Explore Careers does not create, author, verify, endorse, audit, validate, fact-check, approve or accept responsibility for Employer Content. To the maximum extent permitted by law, Explore Careers accepts no responsibility or liability whatsoever, to any person, arising out of or in connection with:
(a) any Employer Content, or any error, omission, inaccuracy, misdescription or misrepresentation in it;
(b) any act or omission of any Employer or its personnel, agents or contractors;
(c) any recruitment, selection, hiring, employment, engagement or placement decision or process;
(d) any terms, conditions, pay, treatment, conduct or practices in any workplace;
(e) any failure by an Employer to comply with any law, code, standard or agreement; or
(f) any loss, injury, damage, discrimination, harassment, exploitation or detriment suffered by any person in connection with any Employer or opportunity.
The presence of an Employer, brand or opportunity on the Platform does not constitute an endorsement, recommendation, certification, accreditation or verification by Explore Careers.
7.3 Employer warranties
Each Employer represents, warrants and undertakes on a continuing basis that:
(a) it is a genuine, lawfully constituted and validly operating organization and is not acting as an intermediary for an undisclosed principal;
(b) all Employer Content is accurate, current, lawful, non-deceptive and not misleading;
(c) all opportunities advertised are genuine, currently available or genuinely anticipated, and are not fictitious, speculative “ghost” listings, pyramid schemes, multi-level marketing recruitment, unpaid arrangements that are unlawful in the relevant jurisdiction, or fronts for the collection of Personal Information;
(d) it will not require or request payment from any Student or School as a condition of applying for, being considered for, or obtaining any opportunity, other than lawful and clearly disclosed fees for genuine training, examination, licensing or accreditation;
(e) it holds all Intellectual Property Rights, or all necessary licenses and consents, in the Employer Content;
(f) all individuals appearing in Employer Content have given informed, documented consent to that use, and where any such individual is a Minor, appropriate parental or guardian consent has been obtained;
(g) it complies and will comply with all Applicable Data Protection Law in respect of any Personal Information it collects from or about Students, and will provide clear and accurate privacy information to applicants;
(h) it has in place appropriate safeguarding and child protection policies, and appropriate vetting of personnel, where it will have contact with Students; and
(i) its Employer Content does not infringe the rights of any third party and does not contain any virus, malicious code or unlawful, obscene, defamatory, discriminatory or harmful material.
7.4 License granted by Employers
Each Employer grants to Explore Careers a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable and transferable license, for the term of the relevant Commercial Agreement and for a reasonable period thereafter for archival, historical, evidentiary and analytical purposes, to host, store, cache, reproduce, publish, display, perform, transmit, distribute, translate, reformat, resize, excerpt, create thumbnails, compress, encode, embed, syndicate and otherwise use the Employer Content on and in connection with the Platform and the promotion of the Platform in any media.
7.5 Editorial control
Explore Careers may, but is under no obligation to, review, edit, reformat, translate, categorize, tag, classify, summarize, reject, decline to publish, remove, suspend or delete any Employer Content at any time, in our sole discretion, including where we consider it inaccurate, unlawful, unsuitable for a student audience, inconsistent with our editorial standards, or otherwise in breach of these Terms. We are not obliged to give reasons, but we will act reasonably and, where practicable, notify the Employer.
7.6 Employer indemnity
Each Employer indemnifies Explore Careers in accordance with Section 28 in respect of all claims arising out of or in connection with its Employer Content, its Job Listings, its recruitment and employment practices, and any breach of this Section 7.
8. JOB LISTINGS AND APPLICATIONS
8.1 Nature of Job Listings
Job Listings are published on the Platform as a convenience and for career awareness purposes. Job Listings are Employer Content and are subject to Section 7 in full.
8.2 Applications are made directly with Employers
All applications, expressions of interest and enquiries in respect of any opportunity are made directly with the relevant Employer or through the Employer’s own systems, careers website, applicant tracking system or nominated third-party platform.
Where the Platform provides a link, button, embedded form or redirect to an Employer’s application process, that is provided solely as a convenience. Once you leave the Platform or submit information to an Employer, your information is handled by the Employer under the Employer’s own terms and privacy policy, and not by Explore Careers.
8.3 We are not involved in hiring
Explore Careers:
(a) is not involved in and takes no part in any application, screening, assessment, interview, selection, negotiation, offer, onboarding or hiring process;
(b) does not receive, review, forward, rank, score, filter or store applications on behalf of Employers except where expressly stated in a specific feature and disclosed in the Privacy Policy;
(c) does not act as agent, broker or intermediary for any Employer or applicant;
(d) does not represent, sponsor, endorse, verify or vouch for any applicant, candidate or Student to any Employer; and
(e) charges no fee to any Student in connection with any application or opportunity.
8.4 No guarantee of availability or currency
We do not guarantee that any Job Listing is current, accurate, genuine, still open, funded, approved or available, or that any advertised vacancy exists or will remain available for any period. Listings may be filled, withdrawn, paused, canceled, changed or expired without notice, and there may be delays before the Platform reflects such changes. We are not liable for any loss arising from your reliance on any Job Listing, including any time, cost or expense incurred in preparing or submitting an application.
8.5 Fraud and scam warning
Employment-related fraud exists on all platforms. Explore Careers will never ask a Student to pay money, provide banking or payment card details, provide identity documents, purchase equipment, transfer funds, or accept goods or payments on behalf of a third party in order to apply for or obtain an opportunity. Treat any such request as a strong indicator of fraud. Do not send money or sensitive financial information to any purported employer. Report suspected fraudulent listings to us immediately using the details in Section 39.
Notwithstanding our efforts to detect and remove fraudulent listings, we cannot and do not guarantee that all fraudulent, deceptive or unlawful content will be identified or removed.
8.6 Aggregated and third-party listings
Some Job Listings, occupational data or employer information may be sourced from third-party feeds, aggregators, government datasets, job boards or partners. Such material is provided “as is”, subject to the terms of the third-party source, and we make no representation as to its accuracy, completeness or currency.
9. AI SERVICES
9.1 Availability and nature of AI Services
The Platform may make available AI Services, including an AI career assistant. AI Services may be powered in whole or in part by third-party large language models, machine learning systems, APIs and hosted services. AI Services are made available as an optional, supplementary, exploratory feature.
9.2 AI OUTPUTS MAY BE INCORRECT
AI Services are probabilistic, not deterministic. AI Output may be inaccurate, incomplete, outdated, misleading, biased, internally inconsistent, or entirely fabricated. AI systems are known to “hallucinate” — that is, to generate plausible-sounding content that is factually wrong, including invented employers, invented qualifications, invented statistics, invented salary figures, invented entry requirements, invented citations and invented links.
You acknowledge and agree that:
(a) AI Output must be independently verified before being relied upon;
(b) AI Output does not represent the views, positions, advice or recommendations of Explore Careers, any Employer, any School or any educator;
(c) AI Output is not reviewed, approved, fact-checked or endorsed by Explore Careers prior to being displayed to you;
(d) identical or similar inputs may produce different outputs on different occasions;
(e) AI Output may change, degrade, improve or become unavailable over time as underlying models, providers, configurations, prompts, safety systems and data sources change; and
(f) AI Output is generated automatically without human review.
9.3 Educational purposes only — not advice
AI Services are provided for general educational, exploratory and informational purposes only. AI Output does not constitute and must not be treated as:
(a) professional advice of any kind;
(b) careers advice, careers guidance, counselling or psychological assessment;
(c) educational advice or admissions advice;
(d) employment advice, recruitment advice, industrial relations advice or advice on employment rights;
(e) legal advice;
(f) financial, investment, taxation, superannuation or pension advice;
(g) immigration, visa or migration advice;
(h) medical, health, mental health or wellbeing advice; or
(i) any other regulated advice.
No professional, advisory, fiduciary or duty-of-care relationship arises between you and Explore Careers by reason of your use of the AI Services.
9.4 Use at your own risk
You use the AI Services, and rely on any AI Output, entirely at your own risk. To the maximum extent permitted by law, Explore Careers accepts no liability whatsoever for any decision made, action taken, action not taken, loss, damage, cost, expense or detriment arising out of or in connection with your use of, or reliance on, the AI Services or any AI Output.
9.5 Prohibited uses of AI Services
You must not use the AI Services to:
(a) generate, solicit or attempt to elicit unlawful, harmful, hateful, harassing, defamatory, obscene, sexually explicit, violent, self-harm-related or child-endangering content;
(b) make or inform any decision that produces legal or similarly significant effects concerning an individual, including hiring, promotion, admission, screening, ranking, credit, insurance or disciplinary decisions;
(c) generate content that impersonates a real person or organization, or that is misleading as to its origin;
(d) circumvent, disable, probe, jailbreak, prompt-inject or otherwise interfere with any safety, content-moderation, rate-limiting or guardrail mechanism;
(e) extract, reconstruct, reverse engineer or infer the underlying models, weights, system prompts, configurations, training data or architecture;
(f) generate synthetic data, question-answer pairs, distillation datasets or other material for the purpose of training, fine-tuning, evaluating or improving any machine learning model, in breach of Section 12;
(g) submit any sensitive Personal Information, special category data, health information, biometric information, government identifiers, financial account information, or Confidential Information of any third party; or
(h) automate, script, bulk-query, scrape or resell access to the AI Services.
9.6 User Inputs
You are responsible for your User Inputs and represent that you have the right to submit them. Do not submit anything you are not permitted to disclose. Do not submit Personal Information to the AI Services. The AI Services are designed to be used without submitting Personal Information about yourself or any other person, and you must not submit any of the categories of information listed in Section 9.5(g).
Where AI Services are provided or hosted by a third-party model provider, User Inputs may be transmitted to and processed by that provider on our behalf as a service provider. Our handling of User Inputs, including how they are logged and retained, is described in Section 9 of the Privacy Policy. Our current third-party model providers are named in the sub-processor list referenced there. We do not permit third-party model providers to use User Inputs to train their own models. Where there is any inconsistency, the Privacy Policy prevails in accordance with Section 22.1.
9.7 Ownership of AI Output
As between you and Explore Careers, and subject to the rights of any third-party model provider and any rights of third parties in underlying material, Explore Careers retains all right, title and interest in and to the AI Services, the prompts, prompt libraries, model configurations, system instructions, retrieval logic, embeddings and related technology. Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to use AI Output for your own internal, non-commercial, educational purposes. AI Output is Explore Careers Content for the purposes of Sections 10, 11 and 12.
No AI Output may be used, in whole or in part, to train, pre-train, fine-tune, distil, improve, evaluate, benchmark, ground or otherwise develop any other artificial intelligence system, machine learning model or dataset. This restriction applies whether the AI Output is used directly, reproduced, transformed, summarized, embedded, or combined with other material, and applies in addition to and without limiting Section 12.
We make no representation that AI Output is unique, original, or free from third-party rights. Similar or identical output may be generated for other users.
9.8 Human oversight
Schools and educators remain responsible for supervising Student use of AI Services and for exercising professional judgment. Nothing in the AI Services replaces the role of a qualified careers adviser, teacher or counsellor.
9.9 Changes and withdrawal
We may modify, restrict, meter, degrade, suspend or discontinue any AI Service, in whole or in part, at any time and without notice or liability.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Ownership
The Platform and all Explore Careers Content are owned by, licensed to, or otherwise the property of Explore Careers, and are protected by copyright, trade mark, database, design, trade secret, unfair competition and other intellectual property and proprietary laws worldwide.
Without limiting the generality of the foregoing, Explore Careers owns or holds all Intellectual Property Rights in:
(a) the Platform, the website, all mobile applications, and all successor and future software products;
(b) the Explore Careers brand, name, logos, Marks, trade dress, brand guidelines and visual identity;
(c) all employer profile layouts, templates, page structures, information architecture, module designs, card designs and presentation formats;
(d) all videos, animations, motion graphics, audio, podcasts and multimedia produced by or for Explore Careers, and all edits, cuts, compilations, captions, transcripts, thumbnails and derivative versions of any video hosted on the Platform;
(e) all images, photographs, illustrations and visual assets created by or for Explore Careers;
(f) all design, user interface design, user experience design, wireframes, prototypes, style guides, design systems, component libraries, typography selections, color systems and layouts;
(g) all graphics, icons, iconography and infographics;
(h) all source code, object code, scripts, APIs, schemas, algorithms, models, architecture, configuration, documentation and technical specifications;
(i) all career quizzes, assessments, questionnaires, question banks, scoring logic, weighting, result mappings and interpretive content;
(j) all AI prompts, prompt libraries, system instructions, model configurations, fine-tuning materials, retrieval and grounding logic, embeddings, evaluation sets and AI Outputs;
(k) all copy, editorial, text, headlines, taglines, blogs, articles, career stories, scripts and written material;
(l) all downloads, worksheets, workbooks, posters, handouts, guides, PDFs and printables;
(m) all educational resources, lesson plans, teacher resources, curriculum mappings, activities, classroom materials and facilitator guides;
(n) all career pathway content, pathway maps, pathway frameworks, occupational taxonomies, skills frameworks, industry classifications and structured career data;
(o) all employer branding templates, profile templates, campaign templates and creative frameworks;
(p) all data compilations, datasets, aggregated and de-identified data, analytics, insights, benchmarks, indices, reports, statistics and derived data generated from use of the Platform;
(q) all database rights and rights in the selection, coordination, arrangement, structure and compilation of the Platform’s databases, including sui generis database rights under UK and EU law;
(r) all trade secrets, know-how, methodologies, processes, business rules, pricing models, school and employer relationship data, and confidential commercial information; and
(s) all future products, features, applications, integrations, tools, models and services developed by or for Explore Careers.
10.2 Reservation of rights
All rights not expressly granted in these Terms are reserved. No right, title, interest or license in or to any Explore Careers Content, Marks or Intellectual Property Rights is granted to you by implication, estoppel, exhaustion, acquiescence or otherwise.
10.3 Third-party rights
Some Content on the Platform is owned by third parties, including Employers, licensors, content partners, stock media providers, government data sources and other Users. That Content remains the property of its owner and is used by Explore Careers under license. Your use of such Content is subject both to these Terms and to any additional terms imposed by the owner.
10.4 Moral rights
To the maximum extent permitted by law, and to the extent that you or any of your personnel hold moral rights or rights of integrity, attribution or false attribution in any Content you provide, you consent (and warrant that you have obtained the consent of any relevant individual) to any act or omission by Explore Careers that would otherwise infringe those rights, including editing, adapting, translating, excerpting, reformatting, resizing and using the Content without attribution.
10.5 Notices
You must not remove, obscure, alter or falsify any copyright, trade mark, watermark, attribution, metadata or other proprietary notice contained in or displayed with any Content.
11. LIMITED LICENCE TO USE THE PLATFORM
11.1 License grant
Subject to your continuing compliance with these Terms, and subject to any applicable Commercial Agreement, Explore Careers grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to:
(a) access and view the Platform and Explore Careers Content using a standard web browser or our official mobile application, for your own personal, internal, educational, non-commercial career-exploration purposes; and
(b) where a download, resource, template or printable is expressly made available for download, download, print and reproduce a reasonable number of copies for classroom, careers-guidance or personal educational use only, provided all proprietary notices are retained and the material is not modified, resold, redistributed publicly, or used for any commercial purpose.
Schools and Teachers may reproduce and distribute downloadable teacher resources to their own Students and staff for classroom use, but may not distribute them to other institutions, upload them to public repositories, or make them available behind a paywall.
Employers may use the Platform in accordance with their Commercial Agreement for the promotion of their own opportunities and employer brand.
11.2 License limitations
The license in Section 11.1 does not permit, and you must not:
(a) copy, reproduce, republish, upload, post, transmit, distribute, publicly display, publicly perform, broadcast, syndicate, frame, mirror, or make available any Explore Careers Content except as expressly permitted;
(b) modify, adapt, translate, remix, create derivative works from, or reverse engineer any part of the Platform or Explore Careers Content;
(c) sell, rent, lease, license, sub-license, distribute, assign, transfer, or otherwise commercially exploit the Platform or any Content;
(d) use the Platform or any Content to build, train, improve, benchmark, evaluate or populate any product, service, dataset, index, model or database, in breach of Section 12;
(e) use the Platform for any competitive purpose, including benchmarking against a competing product, or to develop a product or service that competes with Explore Careers;
(f) remove, disable or circumvent any technical protection measure, access control, authentication, watermark, rate limit, paywall or digital rights management; or
(g) use the Platform other than through the interfaces and instructions we provide.
11.3 Termination of license
The license granted in this Section 11 terminates automatically and immediately upon any breach by you of these Terms, upon termination or suspension of your access, or upon expiry or termination of any applicable Commercial Agreement. Upon termination you must cease all use of the Platform and Explore Careers Content and, on request, destroy or return all copies in your possession or control.
12. PROHIBITION ON AUTOMATED ACCESS, SCRAPING, DATA EXTRACTION AND AI TRAINING
12.1 Purpose of this Section
The Platform, its Content, its data compilations, its taxonomies and its structure represent very substantial investment by Explore Careers and its partners. This Section 12 is a material term of these Terms. Any breach of this Section is a material breach entitling Explore Careers to immediate termination, injunctive relief and all other remedies available at law and in equity.
12.2 Express prohibition — automated access and extraction
You must not, and must not permit, enable, procure, encourage or assist any person, agent, bot, script, service, model or system to:
(a) scrape, crawl, spider, harvest, index, mine, extract, copy, download, capture, cache, store, aggregate, compile or reproduce any Content, data, metadata, structure, layout, taxonomy, image, video, transcript, URL, or any part of the Platform, by any automated, semi-automated, systematic, bulk or manual-at-scale means;
(b) engage in screen scraping, DOM scraping, HTML parsing, headless browsing, browser automation, API interception, network sniffing, packet capture, or the use of any crawler, robot, spider, scraper, harvester, data-extraction tool, agentic browser, autonomous agent or similar technology to access the Platform;
(c) perform bulk downloads, mass retrieval, systematic enumeration, sequential URL access, sitemap harvesting or any activity designed to obtain a substantial portion of the Platform’s Content or database;
(d) access the Platform through any automated means, robot access or non-human access other than by a search engine crawler that fully complies with our robots.txt file and any AI-preference or content-usage signals we publish (including robots.txt directives, noai / noimageai / TDM-Reservation and equivalent machine-readable opt-out signals), which signals constitute an express reservation of rights against text and data mining and machine learning use under applicable law in every jurisdiction;
(e) circumvent, disable, interfere with, or attempt to circumvent any rate limit, CAPTCHA, bot detection, IP block, geoblock, robots.txt directive, access control or technical protection measure, including by using proxy networks, residential proxies, VPN rotation, IP rotation, user-agent spoofing, credential stuffing or distributed access; or
(f) use, permit or facilitate the use of any third-party scraping, data-broker, data-enrichment, web-archiving or AI browsing service to access the Platform on your behalf.
12.3 Express prohibition — AI and machine learning
You must not, and must not permit or enable any person or system to, use, ingest, copy, transmit or process the Platform, any Content, any AI Output, any data compilation, or any part thereof, for the purpose of:
(a) training, pre-training, fine-tuning, instruction-tuning, reinforcement learning, distillation, embedding, indexing, grounding, retrieval-augmentation, evaluation or benchmarking of any artificial intelligence system, machine learning model, large language model, foundation model, multimodal model, generative model, recommendation engine, vector database or knowledge graph;
(b) developing, improving or validating any AI model or any AI-enabled product or service, whether operated by you or by a third party;
(c) creating any derivative dataset, corpus, training set, evaluation set, synthetic dataset, question-answer set, embedding store or knowledge base derived in whole or in part from the Platform;
(d) text and data mining, automated analytical analysis, or computational analysis of the Platform or its Content; or
(e) supplying, licensing, selling, publishing or otherwise making available to any third party any dataset, corpus, index or extract derived from the Platform.
Explore Careers expressly reserves all rights in respect of text and data mining and machine learning use, and does not grant, and expressly withholds, any license, permission or authorization for any such use, whether under any statutory exception, fair use, fair dealing, or otherwise. No such use is permitted by us for any purpose, commercial or non-commercial, research or otherwise, unless we have granted express, specific, prior written permission signed by an authorized officer of Explore Careers.
12.4 Express prohibition — competitive and derivative use
You must not:
(a) use the Platform, any Content or any data derived from it to build, populate, seed, validate or enhance a competing dataset, database, directory, index, platform, product or service;
(b) use the Platform to develop, market or operate any competing AI model, career platform, employer directory, job board, school network, careers education product or student engagement platform;
(c) reverse engineer, decompile, disassemble, decrypt, extract source code from, or attempt to derive the source code, algorithms, models, structure, business logic, prompts, schemas or ideas underlying the Platform, except and only to the extent that such restriction is expressly prohibited by applicable law and, where such an exception applies, only after giving us not less than 30 days’ written notice and an opportunity to provide the relevant information;
(d) access the Platform for the purpose of competitive intelligence, monitoring, benchmarking or price discovery, or on behalf of any competitor;
(e) use the Platform to identify, extract, contact, solicit, poach or market to Explore Careers’ school partners, employer customers, contacts or users; or
(f) copy, imitate or reproduce the look and feel, structure, sequence, organization, taxonomies, profile layouts, pathway frameworks or design system of the Platform.
12.5 Contractual and technical measures
Explore Careers may deploy technical measures to detect and prevent breaches of this Section 12, including rate limiting, bot detection, fingerprinting, honeypots, watermarking, canary records, traffic analysis and blocking. You must not interfere with such measures. We may seed the Platform with unique identifying markers for the purpose of detecting unauthorized copying, and any reproduction of such markers is evidence of copying.
12.6 Liquidated remedy and injunctive relief
You acknowledge that a breach of this Section 12 would cause irreparable harm to Explore Careers for which damages would be an inadequate remedy, and agree that Explore Careers is entitled to seek injunctive relief, specific performance and other equitable remedies in any court of competent jurisdiction without the necessity of posting a bond or proving actual damage, in addition to any other remedy. This right is expressly carved out of the arbitration provisions in Section 36.
12.7 Third-party liability
If you engage, permit or benefit from a third party who breaches this Section 12, you are jointly and severally liable for that breach as if you had committed it yourself, and your indemnity under Section 28 applies in full.
13. ACCEPTABLE USE
13.1 General obligation
You must use the Platform lawfully, responsibly, respectfully and in accordance with these Terms, and in a manner appropriate to a platform used by school students, including many Minors.
13.2 Prohibited conduct
Without limiting any other provision, you must not (and must not permit any person to):
Legal and regulatory (a) use the Platform for any unlawful, fraudulent, deceptive or criminal purpose, or in breach of any law, regulation, code, license, court order or industry standard; (b) breach any employment, anti-discrimination, equal opportunity, labor, immigration, child labor, consumer protection, advertising, privacy, data protection or child-protection law; (c) violate export control, sanctions or anti-money-laundering laws (see Section 32); (d) engage in bribery, corruption, facilitation payments or other conduct in breach of the U.S. Foreign Corrupt Practices Act or equivalent legislation;
Harm to persons, particularly Minors (e) engage in any conduct that harms, endangers, exploits, grooms, sexualises, harasses, bullies, threatens, intimidates, stalks or is otherwise detrimental to any Minor; (f) attempt to obtain the personal contact details of, or initiate private off-platform contact with, any Student, other than through the legitimate, disclosed application processes of a genuine opportunity; (g) harass, abuse, threaten, defame, vilify, doxx, impersonate or discriminate against any person; (h) post or transmit content that is obscene, pornographic, sexually explicit, gratuitously violent, hateful, racist, extremist, terrorist-related, self-harm-promoting or otherwise harmful; (i) promote or facilitate gambling, alcohol, tobacco, vaping, illicit drugs, weapons or other age-restricted products or activities to Minors;
Content and honesty (j) post or transmit content that is false, misleading, deceptive, defamatory, plagiarized or infringing; (k) impersonate any person, organization, employer, school or Explore Careers, or misrepresent your identity, age, affiliation, authority or qualifications; (l) misrepresent the nature, availability, terms, pay or conditions of any opportunity; (m) post fictitious, expired, duplicated, misleading or “ghost” Job Listings;
Commercial misuse (n) use the Platform to advertise, market, promote or sell any product, service, event, course or opportunity other than as expressly permitted under a Commercial Agreement; (o) send unsolicited commercial communications, spam, chain messages, pyramid schemes, multi-level marketing solicitations or bulk messaging; (p) solicit money, payment, banking details, cryptocurrency, identity documents or financial information from any Student; (q) resell, sub-license, redistribute, syndicate or provide access to the Platform to any third party; (r) use the Platform for recruitment process outsourcing, agency recruitment or labor supply without our express written authorization;
Technical and security (s) introduce or transmit any virus, worm, trojan, ransomware, spyware, keylogger, logic bomb, malicious code or harmful component; (t) probe, scan, penetration-test or test the vulnerability of the Platform or any network, or breach or circumvent any security or authentication measure, without our prior written authorization; (u) attempt to gain unauthorized access to the Platform, any Account, any server, any database or any data; (v) interfere with, disrupt, overload, flood or impair the Platform, its servers, networks or any other user’s use of it, including by denial-of-service attack, excessive requests or resource-intensive queries; (w) use any device, software or routine to interfere with the proper working of the Platform; (x) forge headers, spoof identifiers, manipulate identifiers or otherwise disguise the origin of any transmission; (y) frame, mirror, deep-link (other than to publicly accessible pages in a manner that does not imply endorsement), or embed any part of the Platform without written permission; (z) manipulate analytics, engagement metrics, click-through data, rankings, quiz results or any other Platform data.
13.3 Reporting
If you become aware of any conduct that breaches this Section 13, particularly conduct affecting the safety of a Minor, you must report it to us immediately at the address in Section 39. Where there is a risk to a person’s safety, contact your local emergency services or child protection authority first.
13.4 Consequences of breach
Breach of this Section 13 may result in immediate suspension or termination under Sections 29 and 30, removal of Content, reporting to law enforcement, regulators or your employer or School, and legal action.
14. SECURITY AND SYSTEM INTEGRITY
14.1 Your obligations
You must not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure, or that compromises the security, availability, confidentiality or integrity of the Platform or the data of other Users.
14.2 Vulnerability disclosure
If you discover a security vulnerability, you must report it promptly and confidentially to the address in Section 39, must not exploit it, must not access, modify, delete or exfiltrate any data, and must not disclose it publicly until we have had a reasonable opportunity to remediate. Good-faith research conducted in accordance with a published Explore Careers vulnerability disclosure policy, if any, will not be treated as a breach of these Terms.
14.3 No warranty of security
While we implement administrative, technical and physical safeguards designed to protect the Platform, no system is completely secure. We do not warrant that the Platform is free from vulnerabilities, malware, interception or unauthorized access. You are responsible for maintaining your own device security, antivirus protection and backups.
15. USER GENERATED CONTENT
15.1 Responsibility
You are solely responsible for all User Generated Content you submit and for the consequences of submitting it. You must not submit User Generated Content that breaches Section 13.
15.2 License to Explore Careers
By submitting User Generated Content, you grant Explore Careers a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to host, store, cache, reproduce, adapt, modify, translate, reformat, excerpt, publish, display, perform, distribute, transmit, create derivative works from and otherwise use that User Generated Content:
(a) to operate, provide, maintain, secure and improve the Platform;
(b) to display it to the audiences and in the contexts contemplated by the feature through which it was submitted;
(c) to produce aggregated, statistical, de-identified and anonymized insights, reports and benchmarks; and
(d) where you have given any additional consent required by law, to promote the Platform.
This license survives termination of your Account to the extent necessary for the purposes above and for archival, backup, legal and evidentiary purposes.
Nothing in this Section 15.2 overrides the Privacy Policy. Personal Information contained in User Generated Content is handled in accordance with the Privacy Policy and Applicable Data Protection Law, and where a School is the controller of Student data, in accordance with the arrangements agreed with that School.
In particular, the license granted in this Section 15.2 does not extend the retention of any Personal Information beyond the retention periods stated in the Privacy Policy, and does not override any deletion, correction or other right you exercise under Applicable Data Protection Law. Where Personal Information is deleted or de-identified in accordance with the Privacy Policy, this license continues to apply only to the de-identified, aggregated or anonymized material.
15.3 Warranties
You represent and warrant that you own or have all necessary rights, licenses, consents and releases in your User Generated Content, and that its use as contemplated by these Terms will not infringe any Intellectual Property Rights, privacy rights, publicity rights or other rights of any person, or breach any law or contractual obligation.
15.4 No obligation to publish or retain
We are not obliged to publish, host, retain, back up, or continue to display any User Generated Content, and may remove, restrict, edit or delete it at any time without notice or liability, subject to Applicable Data Protection Law.
15.5 Student work
Where Students submit work, reflections, quiz responses or portfolio material, we do not claim ownership of the underlying creative work. The license in Section 15.2 is limited to what is necessary to operate the Platform and provide the relevant feature.
16. MONITORING, MODERATION AND REMOVAL
16.1 No general monitoring obligation
We have no obligation to monitor, screen, pre-moderate, review or edit Content on the Platform, and we do not undertake to do so. We are not responsible for Content we did not create.
16.2 Right to moderate
We reserve the right, but not the obligation, at our sole discretion and without notice, to review, screen, moderate, refuse, edit, reclassify, restrict, suspend, disable, remove or delete any Content, for any reason, including where we consider it to breach these Terms, to be unlawful, inaccurate, unsafe, unsuitable for a student audience, or contrary to our editorial or safeguarding standards.
16.3 Legal process
We may access, preserve and disclose Content, Account information and usage data where we reasonably believe it is necessary to: (a) comply with law, legal process, subpoena, court order or governmental or regulatory request; (b) enforce these Terms; (c) respond to a claim that Content infringes third-party rights; (d) detect, prevent or address fraud, security, safeguarding or technical issues; or (e) protect the rights, property or safety of Explore Careers, our Users or the public, in each case in accordance with the Privacy Policy and Applicable Data Protection Law.
17. FEEDBACK AND SUGGESTIONS
17.1 Definition
“Feedback” means any idea, suggestion, proposal, concept, feature request, improvement, recommendation, design, workflow, specification, comment, critique, survey response, testimonial, use case, or other input relating to the Platform, our products, services, content or business, that you voluntarily submit or communicate to us by any means, including email, forms, surveys, interviews, user testing, advisory boards, webinars, social media and conversations.
17.2 Assignment and ownership
All Feedback is provided voluntarily, gratuitously and non-confidentially. Explore Careers owns all Feedback and all Intellectual Property Rights in it.
To the maximum extent permitted by law, you hereby irrevocably and unconditionally assign to Explore Careers, with full title guarantee and free from encumbrance, all right, title and interest (including all Intellectual Property Rights) in and to all Feedback, effective immediately upon its creation or submission, together with the right to sue for and recover damages for past infringement. To the extent any such assignment is not effective, you grant Explore Careers a worldwide, perpetual, irrevocable, exclusive, royalty-free, fully paid-up, transferable and sublicensable license to use, reproduce, modify, adapt, publish, distribute, commercialize and exploit the Feedback for any purpose whatsoever.
17.3 No obligation, no compensation
Explore Careers is under no obligation to use, implement, acknowledge, respond to, keep confidential, or return any Feedback. You are not entitled to any compensation, royalty, credit, attribution, equity or consideration of any kind in respect of any Feedback. You waive all moral rights in Feedback to the maximum extent permitted by law.
17.4 No confidentiality
Do not submit any information you consider confidential or proprietary as Feedback. Feedback is deemed non-confidential and Explore Careers has no obligation of confidence in respect of it. If you require confidentiality, do not submit the information unless a written confidentiality agreement is in place.
17.5 Similar developments
You acknowledge that Explore Careers may already be developing, or may in future develop, products, features or ideas similar to or identical to your Feedback, independently of you, and nothing in these Terms restricts our right to do so.
17.6 Further assurance
At our request and expense, you will execute all documents and do all things reasonably necessary to give full effect to this Section 17.
18. TRADE MARKS
18.1 Ownership
The Marks are the exclusive property of Explore Careers. All goodwill arising from use of the Marks accrues exclusively to Explore Careers.
18.2 No license
Except as expressly permitted in writing or under a Commercial Agreement, you must not use, register, apply to register, or seek rights in:
(a) any Mark, or any confusingly similar mark, name, logo, domain name, social media handle, app name, hashtag or keyword;
(b) any Mark in metadata, source code, advertising keywords, search engine marketing, comparative advertising or as an AdWord; or
(c) any Mark in a manner that suggests sponsorship, endorsement, affiliation, partnership, certification or approval by Explore Careers where none exists.
18.3 Permitted use
Employers and Schools that are current customers or partners may refer to Explore Careers by name in a factual, non-misleading manner to describe their participation, and may use approved logos strictly in accordance with our brand guidelines and any written permission granted. All such use is revocable at any time.
18.4 Third-party marks
Trade marks of Employers, Schools and third parties displayed on the Platform are the property of their respective owners and are used with permission or as permitted by law. Their appearance does not imply any affiliation with, or endorsement by, Explore Careers.
19. CONFIDENTIAL INFORMATION
19.1 Definition
“Confidential Information” means all non-public information disclosed by or on behalf of one party (the “Discloser”) to the other (the “Recipient”) in connection with the Platform, whether orally, visually, in writing or electronically, that is designated as confidential or that would reasonably be understood to be confidential given its nature and the circumstances of disclosure.
19.2 Explore Careers’ Confidential Information and trade secrets
Explore Careers’ Confidential Information includes, and Explore Careers asserts trade secret protection under the U.S. Defend Trade Secrets Act, 18 U.S.C. § 1836, and the Uniform Trade Secrets Act as enacted in any state in respect of, the following non-public material:
(a) source code, object code, algorithms, system architecture, schemas, data models and technical documentation;
(b) AI prompts, prompt libraries, system instructions, model configurations, fine-tuning materials, retrieval and grounding logic, embeddings and evaluation sets;
(c) career quiz and assessment scoring logic, question banks, weightings, result mappings and interpretive rules;
(d) career pathway taxonomies, skills frameworks, occupational classifications and the underlying methodology by which they are constructed and maintained;
(e) non-public datasets, analytics, benchmarks, indices, derived data, engagement metrics and the methodologies used to produce them;
(f) school, education authority, employer and partner relationship information, contact data, contract terms, pricing, discounting and commercial arrangements;
(g) product roadmaps, unreleased features, Beta Features, research, development plans and business strategy; and
(h) security architecture, controls, audit results, incident information and penetration test findings.
Explore Careers takes reasonable measures to preserve the secrecy of this material, including access controls, authentication, contractual confidentiality obligations and the technical measures described in Section 12.5. You must not disclose, publish, reverse engineer, derive, reconstruct or infer any of the foregoing.
For the avoidance of doubt, the compilation, selection, arrangement, sequencing, structure and presentation of Content that is publicly displayed on the Platform is protected as a matter of copyright, database right and sui generis database right under Section 10, rather than as a trade secret.
19.3 Obligations
The Recipient must: (a) use Confidential Information solely for the purposes contemplated by these Terms; (b) not disclose it to any third party except to its personnel and professional advisers who need to know and are bound by equivalent obligations; (c) protect it with at least the same degree of care it uses for its own confidential information and in any event no less than reasonable care; and (d) promptly notify the Discloser of any unauthorized use or disclosure.
19.4 Exceptions
The obligations in Section 19.3 do not apply to information that: (a) is or becomes public other than through breach of these Terms; (b) was lawfully known to the Recipient without obligation of confidence before disclosure; (c) is lawfully received from a third party without restriction; or (d) is independently developed without reference to the Confidential Information.
19.5 Compelled disclosure
The Recipient may disclose Confidential Information to the extent required by law, regulation, court order or regulatory authority, provided that (where lawful and practicable) it gives the Discloser prior notice and reasonable assistance to seek protective relief.
19.6 Survival and remedies
This Section 19 survives termination for a period of five (5) years, and indefinitely in respect of trade secrets and source code. The parties agree that damages may be an inadequate remedy for breach and that injunctive relief is available.
20. COPYRIGHT COMPLAINTS AND NOTICE-AND-TAKEDOWN
20.1 Our policy
Explore Careers respects the Intellectual Property Rights of others and expects Users to do the same. We operate a notice-and-takedown process and will, in appropriate circumstances, disable or terminate the Accounts of repeat infringers.
20.2 Submitting a notice
If you believe Content on the Platform infringes your copyright, please send a written notice to our designated agent at the address in Section 39, containing:
(a) your physical or electronic signature (or that of a person authorized to act for the rights owner);
(b) identification of the copyrighted work claimed to be infringed;
(c) identification of the material claimed to be infringing and information reasonably sufficient to locate it (such as the URL);
(d) your contact details (address, telephone number and email address);
(e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
This procedure is intended to comply with the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512. Equivalent notices may be submitted in respect of trade marks, database rights, privacy rights or other rights, with appropriate substituted particulars.
20.3 Counter-notice
If your Content has been removed and you believe the removal was in error or that you are authorized to use the material, you may submit a counter-notice containing the elements required by 17 U.S.C. § 512(g)(3). We may restore the material as permitted by law.
20.4 Misrepresentation
Knowingly materially misrepresenting that material is infringing, or that it was removed in error, may result in liability for damages under applicable law.
21. THIRD-PARTY SERVICES, INTEGRATIONS AND EXTERNAL LINKS
21.1 Third-party services
The Platform integrates with, relies on, or makes available third-party products and services, which may include cloud hosting, content delivery networks, video hosting and streaming, analytics, AI and machine learning providers, single sign-on and identity providers, learning management systems, applicant tracking systems, customer relationship management systems, email and messaging providers, event and webinar platforms, payment processors and advertising or measurement partners (“Third-Party Services”).
Third-Party Services are provided by independent third parties under their own terms and privacy policies. We do not control Third-Party Services and are not responsible or liable for their availability, performance, security, accuracy, content, data practices or acts and omissions. Your use of a Third-Party Service is at your own risk and may be governed by a separate agreement between you and that provider.
21.2 External links
The Platform contains links to external websites, including Employer careers websites, application portals, school websites, government resources and social media. Links are provided for convenience only and do not constitute endorsement, approval, sponsorship, verification or recommendation of the linked site or its content, products, services, operator or privacy practices.
We do not control external sites, do not review them on an ongoing basis, and accept no responsibility or liability for them, including for any content, malware, data collection, cost, loss or damage arising from your access to or use of them. Once you follow a link away from the Platform, these Terms and our Privacy Policy no longer apply. You should review the terms and privacy policy of any site you visit.
21.3 Third-party content and data
Occupational data, labor market information, salary benchmarks, qualification frameworks, industry classifications and similar material may be sourced from third parties, including government agencies and licensed data providers. Such material is subject to the terms and disclaimers of its source, may be subject to additional restrictions, and is provided without warranty as to accuracy or currency.
21.4 Changes to integrations
We may add, change, suspend or remove any Third-Party Service or integration at any time without notice or liability, including where a provider changes its terms, pricing, availability or API.
22. PRIVACY AND DATA PROTECTION
22.1 Privacy Policy
Our collection, use, disclosure, storage, transfer and retention of Personal Information is described in our Privacy Policy, which forms part of these Terms and is available on the Platform. Please read it carefully. These Terms are drafted to align with the Explore Careers Privacy Policy, as updated from time to time.
To the extent of any inconsistency between these Terms and the Privacy Policy in relation to the handling of Personal Information, the Privacy Policy prevails.
22.2 Student data — schools retain control
We recognize the particular sensitivity of student data, and the Platform is built so that we handle as little of it as possible.
22.2.1 General position. As set out in the Privacy Policy, Explore Careers does not, as a general rule, collect identifiable Personal Information from Students or other Minors. Schools and educational institutions retain and control student information. We supply career Content, educational resources and opportunities to Schools and educators, who decide how and when to share that material with their Students in accordance with their own safeguarding policies, consent procedures and parental-consent requirements. The School remains the party responsible for the collection, handling and protection of student information.
22.2.2 FERPA. Explore Careers does not act as a recipient of “education records” under FERPA. To the extent a School ever directs us to handle such information on its behalf, we would do so only under that School’s direction, only to provide the agreed services, and would not redisclose it except as authorized by the School or permitted by law.
22.2.3 Limited exceptions. In limited circumstances — for example, where a School arranges an in-person visit to an Employer’s site — we may receive, hold or transmit a list of attendee names and associated School solely so that the host Employer can verify who is on its premises for security and safeguarding purposes. Where this occurs, that information is used only for that specific visit, retained only as long as necessary for that purpose, and never used for marketing, advertising, profiling or any commercial purpose. The School authorizes the visit and remains responsible for any required parental permission.
22.2.4 What we do not do. We do not sell student Personal Information. We do not share student Personal Information for targeted advertising or cross-context behavioral advertising. We do not build individual profiles of Students. Employers and partners do not receive student Personal Information from us for direct recruitment, marketing or advertising to Students.
22.2.5 Future processing. Where we introduce any feature that would involve processing identifiable Student Personal Information at the direction of a School, we will do so only as a service provider or processor under a written agreement with that School, in accordance with the Privacy Policy in force at that time and Applicable Data Protection Law, including COPPA, PPRA, SOPIPA and equivalent state, national and international requirements.
22.3 Employer and School obligations
Employers and Schools must comply with Applicable Data Protection Law in respect of any Personal Information they collect, access, receive or process through or in connection with the Platform, must have a lawful basis for that processing, must provide appropriate privacy notices, and must not use Personal Information obtained through the Platform for any purpose other than the purpose for which it was provided. Employers must not use Student Personal Information for marketing, profiling, automated decision-making with legal or similarly significant effect, or sale.
Employers do not receive Student Personal Information from Explore Careers for recruitment, marketing or advertising purposes. Where an Employer collects Personal Information directly from a Student — for example through the Employer’s own application process under Section 8.2 — the Employer is the sole controller of that information and is solely responsible for it.
22.4 International transfers
The Platform is operated from and hosted in the United States. If you access the Platform from outside the United States, your information will be transferred to, stored in and processed in the United States, whose data protection laws may differ from those in your location. Please use the Explore Careers website for your own country. See Section 34.
22.5 Cookies and similar technologies
We use limited cookies, analytics tools and similar technologies necessary for Platform functionality, security, performance measurement and understanding engagement, as described in the Privacy Policy and any cookie notice. We do not use advertising or non-essential tracking technologies to target Students or Minors, and we do not use advertising networks or advertising cookies to target any User based on online behavior. Where consent is required by applicable law, we obtain it, and you may manage your preferences through the tools we provide or your browser settings. Disabling cookies may affect Platform functionality.
23. PLATFORM AVAILABILITY, CHANGES AND MAINTENANCE
23.1 No uptime guarantee
The Platform is provided on an “as available” basis. We do not guarantee that the Platform will be available, uninterrupted, timely, error-free, secure or accessible at any particular time or from any particular location, and we give no uptime, availability or service level commitment, except where an express service level is set out in a signed Commercial Agreement.
23.2 Interruptions
The Platform may be unavailable or impaired due to scheduled or emergency maintenance, upgrades, migrations, third-party outages, hosting or CDN failures, telecommunications faults, cyber-attack, school or corporate network restrictions and firewalls, device or browser incompatibility, capacity constraints, or events beyond our control. We are not liable for any such unavailability or impairment.
23.3 Maintenance
We may perform maintenance at any time, with or without notice. Where practicable we will schedule planned maintenance outside peak usage hours in our principal markets and give reasonable advance notice to Employers and Schools with active Accounts.
23.4 Changes to the Platform
We may add, modify, restrict, degrade, suspend, discontinue, deprecate or remove any feature, function, integration, Content, Account type or part of the Platform at any time, with or without notice, and without liability. Features referred to in these Terms or in marketing materials may not be available at all times, in all territories, on all devices, to all Account types or in all languages. Nothing in these Terms obliges us to develop, release, maintain or continue any feature.
Where a change materially reduces the functionality of a paid service during a paid term, the affected Employer’s remedy is as set out in its Commercial Agreement or, if none, a pro-rata refund of prepaid fees for the affected period, which is that Employer’s sole and exclusive remedy.
23.5 No backup obligation
We do not undertake to store, retain or back up your Content indefinitely. You are responsible for maintaining your own copies of any material you value.
24. BETA FEATURES
24.1 Nature of Beta Features
We may make Beta Features available to some or all Users, including experimental AI Services, new analytics, new integrations and prototype products. Beta Features are made available for evaluation purposes only.
24.2 Disclaimers specific to Beta Features
Beta Features:
(a) are provided “as is” and “as available”, without any warranty, representation, condition, guarantee, indemnity or support of any kind, to the maximum extent permitted by law;
(b) are not part of any service level, uptime commitment, security certification or support obligation;
(c) may be incomplete, unstable, defective, insecure, unsupported, undocumented or materially changed at any time;
(d) may produce inaccurate results, corrupt or lose data, or behave unpredictably;
(e) may be modified, suspended, withdrawn or discontinued at any time without notice, and may never become generally available; and
(f) may be subject to additional or different terms, usage limits and confidentiality obligations, which will prevail in respect of that Beta Feature.
24.3 Use at your own risk
Use of Beta Features is entirely at your own risk. You should not use Beta Features in any production, mission-critical, safety-critical, assessment or decision-making context. To the maximum extent permitted by law, Explore Careers’ total aggregate liability arising out of or in connection with Beta Features is zero, and Sections 26, 27 and 28 apply with full force.
24.4 Confidentiality and feedback
Beta Features and all information about them are Confidential Information under Section 19 unless we state otherwise. All feedback you provide in relation to a Beta Feature is Feedback under Section 17.
25. FUTURE PRODUCTS, APPLICATIONS, APIs AND PREMIUM SERVICES
25.1 Automatic application of these Terms
These Terms apply automatically, without the need for any further act, to all current and future Explore Careers offerings, including:
(a) mobile applications for iOS, Android and any other platform;
(b) application programming interfaces, developer tools, SDKs, webhooks and data feeds;
(c) all AI Services, AI models, AI assistants, agents and AI-enabled features;
(d) all future software, platforms, portals, dashboards, extensions and integrations;
(e) all future products, features, content formats, events and services;
(f) any product, service, platform, content or business acquired by Explore Careers or by any affiliate, from the date we designate it as subject to these Terms; and
(g) any successor, replacement, rebranded or renamed version of any of the above,
in each case except and to the extent that we publish separate or supplemental terms for that offering, which will prevail in respect of that offering to the extent of any inconsistency.
25.2 Mobile applications
If you download a mobile application, you are also subject to the terms of the relevant app store. Any app store is a third-party beneficiary of these Terms to the extent required by its own rules, and is entitled to enforce them against you. The app store provider is not responsible for the application, for support, or for any claim relating to it, and any such claim lies solely against Explore Careers, subject to these Terms.
25.3 APIs and developer access
Any API access is subject to separate API terms, authentication requirements, rate limits, scopes and quotas. API keys are personal, confidential and non-transferable. Section 12 applies in full to API access, and API access does not authorize scraping, bulk extraction, AI training or competitive use.
25.4 Premium services and fees
Certain services may be offered on a paid basis. Fees, payment terms, taxes, billing cycles, renewals, cancellation and refund policies will be set out in the applicable order form, Commercial Agreement or checkout terms at the point of purchase. Unless expressly stated, fees are non-refundable, exclusive of taxes, and payable in the currency stated. We may change pricing prospectively on notice.
The Platform is and will remain free of charge to Schools and to Students in respect of core career-awareness content, save where we expressly state otherwise in advance.
26. DISCLAIMER OF WARRANTIES
26.1 “As is”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, ALL CONTENT, ALL AI SERVICES AND AI OUTPUT, ALL EMPLOYER CONTENT, ALL DOWNLOADS AND RESOURCES, AND ALL OTHER MATERIALS AND SERVICES MADE AVAILABLE BY EXPLORE CAREERS ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, WITHOUT WARRANTY, REPRESENTATION, CONDITION, GUARANTEE OR UNDERTAKING OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
26.2 Specific disclaimers
To the maximum extent permitted by law, Explore Careers, its affiliates, officers, directors, employees, contractors, agents, licensors, suppliers and content partners expressly disclaim all warranties, conditions and representations, including:
(a) implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, and non-infringement;
(b) warranties arising from course of dealing, course of performance, usage of trade or custom;
(c) any warranty that the Platform will be available, uninterrupted, timely, secure, error-free or free of viruses or harmful components, or that defects will be corrected;
(d) any warranty as to the accuracy, reliability, completeness, currency, quality, suitability, legality or usefulness of any Content, including Employer Content, Job Listings, salary information, occupational data, career pathway information, quiz results, third-party data and AI Output;
(e) any warranty that the Platform, any Content or any AI Output will meet your requirements or expectations, or achieve any particular result or outcome;
(f) any warranty as to the conduct, legitimacy, solvency, licensing, safeguarding practices, employment practices or legal compliance of any Employer, School or other User;
(g) any warranty that opportunities advertised exist, are available, or will remain available;
(h) any warranty that the Platform is appropriate or available for use in any particular jurisdiction; and
(i) any warranty in relation to Beta Features.
26.3 No advice
No advice or information, whether oral or written, obtained from Explore Careers or through the Platform creates any warranty not expressly stated in these Terms, and does not constitute professional advice of any kind (see Sections 4 and 9).
26.4 Non-excludable rights
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, condition, right or remedy that cannot lawfully be excluded, restricted or modified under applicable law, including consumer protection law. Where such a right or remedy applies and cannot be excluded, but our liability for breach may lawfully be limited, our liability is limited as set out in Section 27 and, where permitted, at our option to: (a) re-supplying the relevant services; or (b) paying the cost of having the relevant services re-supplied. See Section 34 for country-specific provisions.
27. LIMITATION OF LIABILITY
27.1 Application
This Section 27 applies to the maximum extent permitted by applicable law, and applies to all claims of any kind, whether based in contract, tort (including negligence), statute, strict liability, equity, restitution, misrepresentation, breach of statutory duty or any other legal or equitable theory, whether or not Explore Careers has been advised of the possibility of the relevant loss, and whether or not such loss was foreseeable.
27.2 Excluded categories of loss
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPLORE CAREERS AND ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS AND CONTENT PARTNERS (TOGETHER, THE “EXPLORE CAREERS PARTIES”) WILL NOT BE LIABLE FOR ANY:
(a) loss of profits, actual or anticipated, or loss of revenue, income, turnover or sales;
(b) business interruption, loss of business, loss of production or loss of contracts;
(c) employment losses, including loss of employment, loss of a job offer, loss of earnings, loss of wages, loss of remuneration, loss of promotion, loss of benefits, loss of superannuation or pension, or loss of career progression;
(d) loss of opportunity, including loss of an internship, apprenticeship, traineeship, work placement, interview, scholarship, bursary, university or college place, admission, enrollment, visa, license, accreditation, funding or commercial opportunity;
(e) loss of, corruption of, or inability to access data, records, files, content, portfolios, submissions or account information, or cost of recovery or reconstitution of data;
(f) loss of goodwill, loss of reputation, reputational damage, brand damage or loss of standing;
(g) loss of anticipated savings or wasted expenditure, wasted management or staff time;
(h) indirect damages, consequential damages, special damages, incidental damages, exemplary damages or punitive damages;
(i) loss arising from reliance on any Content, Employer Content, Job Listing, salary information, career information, quiz result, or AI Output;
(j) loss arising from any act, omission, insolvency, misconduct or breach by any Employer, School, User or third party, or from any interaction, application, engagement, employment, placement or arrangement between Users;
(k) loss arising from any Third-Party Service, external link, or third-party data source;
(l) loss arising from unauthorized access to, alteration of, or interception of your transmissions, Content or Account, or from any virus, malware or harmful component;
(m) loss arising from the unavailability, suspension, modification, discontinuation or removal of the Platform, any feature, any Account or any Content; or
(n) loss arising from any Beta Feature.
27.3 Aggregate liability cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE EXPLORE CAREERS PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PLATFORM, ANY CONTENT OR ANY AI SERVICE, IN AGGREGATE OVER ALL CLAIMS AND ALL PERIODS, WILL NOT EXCEED THE GREATER OF:
(a) the total amount actually paid by you to Explore Careers for access to the Platform in the twelve (12) months immediately preceding the first event giving rise to the liability; and
(b) one hundred United States dollars (US$100.00).
Where you have paid nothing to Explore Careers — as is the case for Students and Schools accessing the Platform free of charge — the cap is US$100.00.
Multiple claims do not enlarge the cap. The cap is aggregate, not per-claim, per-user or per-incident.
27.4 Allocation of risk
You acknowledge that the disclaimers and limitations in Sections 26 and 27 are a fundamental and essential basis of the bargain between the parties, reflect a reasonable allocation of risk having regard to the fact that the Platform is provided free of charge to Students and Schools, and that Explore Careers would not provide the Platform on these terms without them. These limitations apply even if any limited remedy fails of its essential purpose.
27.5 Basis of claims
Any claim you have against the Explore Careers Parties must be brought against Explore Careers LLC alone. You will not bring any claim against any individual officer, director, member, employee, contractor or agent of Explore Careers personally.
27.6 Non-excludable liability
Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot lawfully be excluded or limited under applicable law, including under mandatory consumer protection legislation;.
27.7 Time limit for claims
To the maximum extent permitted by law, any claim arising out of or in connection with these Terms or the Platform must be commenced within one (1) year after the cause of action accrues, failing which the claim is permanently barred. This Section 27.7 does not apply where prohibited by applicable law, including where you are a consumer whose statutory limitation period cannot be shortened by agreement.
27.8 Country-specific application
This Section 27 is subject to Section 34 (International Users; Country-Specific Terms).
28. INDEMNITY
28.1 Your indemnity
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Explore Careers Parties from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, awards, judgments, settlements, fines, penalties, losses, costs and expenses (including reasonable legal fees, expert fees and costs of investigation and enforcement) arising out of or in connection with:
(a) your access to or use of the Platform, or use by anyone using your Account or credentials;
(b) your breach or alleged breach of these Terms, any Commercial Agreement, or any applicable law, regulation, code or third-party right;
(c) your Content, including any Employer Content or User Generated Content, and any claim that it infringes Intellectual Property Rights, privacy rights, publicity rights or other rights, or is defamatory, misleading, deceptive or unlawful;
(d) any Job Listing you publish, and any recruitment, selection, assessment, hiring, employment, engagement, placement, work experience, internship, apprenticeship or workplace arrangement to which you are a party or which arises from your use of the Platform, including any claim of discrimination, harassment, wrongful dismissal, unpaid wages, misclassification, workplace injury, breach of duty of care or breach of safeguarding obligations;
(e) any misrepresentation by you, including as to salary, benefits, conditions, availability of an opportunity, or your identity or authority;
(f) any breach by you of Applicable Data Protection Law, or any unauthorized collection, use, disclosure or loss of Personal Information (including Student Personal Information) by you;
(g) any breach of Section 12 (Automated Access, Scraping and AI Training) by you or by any person acting on your behalf or with your permission or benefit;
(h) any dispute between you and any other User, Employer, School, Student, applicant or third party;
(i) any harm suffered by any Minor arising from your acts or omissions; and
(j) your negligence, wilful misconduct, fraud or breach of statutory duty.
28.2 Conduct of claims
We will notify you of any claim to which this indemnity applies and may, at our election: (a) permit you to assume the defense with counsel reasonably acceptable to us; or (b) assume or participate in the defense and settlement of the claim at your cost using counsel of our choosing. You must not settle any claim in a manner that imposes any obligation, admission, payment or restriction on any Explore Careers Party without our prior written consent. You must provide reasonable cooperation and information at your own expense.
28.3 Independent obligation
This indemnity is a continuing and independent obligation, survives termination of these Terms, and is not limited by, and does not limit, any other provision of these Terms, including Section 27. It is not necessary for Explore Careers to incur expense or make payment before enforcing it.
28.4 Consumers
This Section 28 does not apply to a User who is acting as a consumer, other than in respect of that User’s fraud, wilful misconduct, breach of Section 12, or infringement of third-party Intellectual Property Rights, and in any event only to the extent permitted by applicable consumer protection law.
29. SUSPENSION
29.1 Immediate suspension rights
We may, at our sole discretion and with immediate effect, without notice and without liability, suspend, restrict, limit, throttle, disable or block your access to the Platform, your Account, any feature, any Content, any IP address, any domain or any device where we reasonably consider that:
(a) you have breached, or are likely to breach, these Terms, any Commercial Agreement or any applicable law;
(b) suspension is necessary to protect the safety, welfare or privacy of any Student, Minor or other person;
(c) suspension is necessary to protect the security, integrity, availability or performance of the Platform, or to prevent or respond to a cyber-attack, scraping, fraud, abuse or unauthorized access;
(d) your Account has been or may have been compromised;
(e) you have provided false, misleading or unverifiable information, or failed identity or authority verification;
(f) you have failed to pay any amount when due;
(g) you are, or become, subject to sanctions, export restrictions or a legal prohibition (see Section 32);
(h) you have become insolvent, entered administration, liquidation, receivership or an equivalent process, or ceased to carry on business;
(i) suspension is required by law, regulator, court order, law enforcement request or app store; or
(j) we are investigating any of the above.
29.2 Effect and duration
Suspension may apply to all or part of your access and may continue for as long as we consider necessary. Where practicable and lawful, we will notify you of the suspension and, where appropriate, of steps required to restore access. We are under no obligation to restore access.
29.3 No liability
We are not liable to you or any third party for any loss arising from any suspension made in accordance with this Section 29. Suspension does not relieve you of any obligation to pay fees accrued or payable in respect of the suspension period where suspension arises from your breach.
30. TERMINATION
30.1 Termination by you
You may stop using the Platform at any time. Where you hold an Account, you may close it using the tools we provide or by contacting us at the address in Section 39. Closure of an Account does not terminate any Commercial Agreement or any accrued payment obligation.
30.2 Termination by us
We may terminate these Terms, your Account and your access to the Platform, in whole or in part, at any time:
(a) immediately, without notice, where any ground for suspension under Section 29.1 exists, where you have committed a material breach, or where required by law;
(b) immediately, without notice, where we cease to operate the Platform or any part of it, or cease to operate in your territory; and
(c) for convenience, on reasonable notice, in respect of any Account not subject to a current paid Commercial Agreement.
Where you hold a current paid Commercial Agreement, termination for convenience will be in accordance with that agreement.
30.3 Effect of termination
Upon termination:
(a) all rights and licenses granted to you under these Terms terminate immediately;
(b) you must immediately cease all access to and use of the Platform and all Explore Careers Content;
(c) you must, at our request, delete or destroy all copies of Explore Careers Content and Confidential Information in your possession or control and certify that you have done so;
(d) we may delete, deactivate, anonymize or retain your Account and Content in accordance with the Privacy Policy, Applicable Data Protection Law and our retention schedule, and we are under no obligation to return or provide access to Content following termination other than as required by law;
(e) any fees due remain payable, and prepaid fees are non-refundable except as expressly provided in a Commercial Agreement or as required by law; and
(f) any provision which by its nature is intended to survive will survive.
30.4 Survival
The following survive termination or expiry of these Terms, however caused, and continue in full force and effect:
(a) Section 2 (Definitions) and Section 38.11 (Interpretation), to the extent necessary to construe the surviving provisions;
(b) Sections 4 and 5 (Educational Purpose; No Outcome Guarantees; Relationship Between Users);
(c) Sections 7.2 and 7.6 (Explore Careers accepts no responsibility; Employer indemnity) and Section 8.3 (We are not involved in hiring);
(d) Sections 9.2, 9.3, 9.4, 9.5 and 9.7 (AI disclaimers, prohibited uses of AI Services, and ownership of and restrictions on AI Output, including the prohibition on using AI Output to train other systems);
(e) Section 10 (Intellectual Property Rights) and Section 18 (Trade Marks);
(f) Section 11.3 (Termination of license), and the obligation to cease use and destroy copies;
(g) Section 12 (Prohibition on Automated Access, Scraping, Data Extraction and AI Training) in its entirety and indefinitely, including Sections 12.6 and 12.7;
(h) Section 13 (Acceptable Use), in respect of any conduct occurring while these Terms were in force and in respect of any continuing access or attempted access to the Platform;
(i) Section 14.2 (Vulnerability disclosure);
(j) Section 15.2 (License to Explore Careers) and Section 15.3 (Warranties);
(k) Section 16.3 (Legal process);
(l) Section 17 (Feedback and Suggestions), including the assignment of Feedback;
(m) Section 19 (Confidential Information), for the periods stated in Section 19.6, and indefinitely in respect of trade secrets and source code;
(n) Section 22 (Privacy and Data Protection);
(o) Sections 24.3 and 24.4 (Beta Features — use at own risk; confidentiality);
(p) Section 25.4 (Premium services and fees), and all accrued payment obligations, including fees, interest, taxes and costs of recovery, which remain due and payable notwithstanding termination;
(q) Section 26 (Disclaimer of Warranties);
(r) Section 27 (Limitation of Liability) in its entirety, including the aggregate liability cap and the time limit for claims;
(s) Section 28 (Indemnity);
(t) Sections 29.3 and 30.3, 30.4 and 30.5 (No liability for suspension; Effect of termination; Survival; No liability for termination);
(u) Section 32 (Export Controls and Sanctions) and Section 33 (Compliance with Laws; Anti-Bribery; Anti-Modern Slavery);
(v) Section 34 (International Users);
(w) Section 35 (Governing Law) and Section 36 (Dispute Resolution; Binding Arbitration; Class Action Waiver), each of which survives indefinitely;
(x) Section 37 (Electronic Communications and Notices), to the extent necessary to give or receive notices; and
(y) Section 38 (General Provisions).
Any other provision which by its nature or express terms is intended to survive also survives. Termination does not affect any right, remedy, obligation or liability that has accrued as at the date of termination.
30.5 No liability
We are not liable to you or any third party for any termination of your access to the Platform.
31. FORCE MAJEURE
31.1 Excused performance
Explore Careers is not liable for, and will not be deemed in breach of these Terms by reason of, any delay, interruption, failure or non-performance caused directly or indirectly by any event beyond its reasonable control, including:
(a) acts of God, natural disaster, fire, flood, storm, earthquake, drought, bushfire or extreme weather;
(b) epidemic, pandemic, public health emergency, quarantine or government-mandated closure;
(c) war, invasion, armed conflict, act of terrorism, sabotage, civil unrest, riot or insurrection;
(d) act, order, restriction, embargo, sanction, expropriation, law or intervention of any government or public authority;
(e) failure, outage, degradation or interruption of internet, telecommunications, electricity, cloud hosting, content delivery, data center, third-party API or model provider services;
(f) cyber-attack, denial-of-service attack, ransomware, malicious code, data breach or hacking not caused by our failure to take reasonable security measures;
(g) strike, industrial action, labor dispute or shortage of labor, materials or equipment;
(h) insolvency, failure or withdrawal of service by any supplier, vendor or subcontractor; and
(i) any change in the availability, terms, pricing or lawfulness of any third-party AI model, dataset or service.
31.2 Consequences
Our obligations are suspended for the duration of the force majeure event. We will use reasonable endeavors to mitigate its effects and to resume performance. If the event continues for more than 60 consecutive days, either party may terminate any affected Commercial Agreement on written notice, without liability other than in respect of accrued rights.
32. EXPORT CONTROLS AND SANCTIONS
32.1 Compliance
The Platform, its software, technology and Content may be subject to the export control and economic sanctions laws of the United States (including the Export Administration Regulations administered by the U.S. Department of Commerce and the sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control), and, where applicable, other jurisdictions.
32.2 Your representations
You represent, warrant and undertake that:
(a) you are not located in, ordinarily resident in, organized under the laws of, or a national or government of, any country or region subject to comprehensive sanctions or a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
(b) you are not listed on, and are not owned or controlled by any person listed on, the Specially Designated Nationals and Blocked Persons List, the Denied Persons List, the Entity List, or any other restricted party, denied party, sanctions or debarment list maintained by the United States Government;
(c) you will not access, use, export, re-export, transfer or make available the Platform, any Content or any AI Output in violation of any export control or sanctions law;
(d) you will not use the Platform for any purpose prohibited by such laws, including any military, intelligence, nuclear, missile, chemical or biological weapons end-use; and
(e) you will not permit any person described in (a) or (b) to access the Platform through your Account.
32.3 Consequences
We may block, restrict, suspend or terminate access from any country or by any person where we consider it necessary to comply with, or prudent in light of, export control or sanctions laws, at any time and without notice or liability. You must notify us immediately if any representation in Section 32.2 ceases to be true.
33. COMPLIANCE WITH LAWS; ANTI-BRIBERY; ANTI-MODERN SLAVERY
33.1 General compliance
You must comply with all laws, regulations, codes and standards applicable to your use of the Platform in every jurisdiction in which you operate or from which you access the Platform.
33.2 Anti-bribery and anti-corruption
You must not offer, promise, give, request, agree to receive or accept any financial or other advantage in connection with the Platform in breach of the U.S. Foreign Corrupt Practices Act or any applicable anti-bribery or anti-corruption legislation.
33.3 Modern slavery and labor standards
Employers represent and warrant that they do not engage in, and take reasonable steps to ensure their supply chains are free from, modern slavery, forced labor, bonded labor, human trafficking, unlawful child labor or exploitative working conditions, consistent with the Trafficking Victims Protection Act, the Fair Labor Standards Act and equivalent laws.
33.4 Accessibility
We strive to make the Platform accessible and to work towards conformance with recognized accessibility standards. If you experience an accessibility barrier, please contact us at the address in Section 39 so we can assist and improve.
33.5 Local availability
The Platform is operated from the United States. We make no representation that the Platform or any Content is appropriate, lawful or available for use in any particular location. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local law.
34. INTERNATIONAL USERS
34.1 This website is for the United States
The Platform at https://explorecareers.com is directed to, and intended for use by, students, schools and employers located in the United States. Its content, career information, salary data, pathway information and employer opportunities relate to the United States labor market.
Explore Careers operates separate websites for other markets, including the United Kingdom, Australia and New Zealand. Those websites have their own terms of use and privacy policies. If you are located outside the United States, please use the Explore Careers website for your country.
34.2 Access from outside the United States
We make no representation that the Platform, or any Content on it, is appropriate, lawful or available for use outside the United States. If you access the Platform from outside the United States, you do so on your own initiative and at your own risk, and you are responsible for compliance with the laws of your location.
Information you provide will be transferred to, stored in and processed in the United States.
34.3 Mandatory local law
Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty, condition or remedy conferred on you by law that cannot lawfully be excluded, restricted or modified by agreement. Where any provision of these Terms would have that effect, it is read down to the minimum extent necessary and, if it cannot be read down, is severed in accordance with Section 38.4, with the remainder of these Terms continuing in full force.
If you are a consumer resident outside the United States, you may have the benefit of mandatory consumer protection provisions of the law of the country in which you are habitually resident, and nothing in Sections 35 or 36 deprives you of that protection.
34.4 Language
These Terms are drafted in English. Where we provide a translation, the English version prevails in the event of any conflict, except where prohibited by applicable law.
35. GOVERNING LAW
35.1 Governing law
These Terms, and any dispute, claim or matter (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter, formation, validity, interpretation, performance, breach or termination, are governed by and construed in accordance with the laws of the State of Delaware, United States of America, and, where applicable, the federal laws of the United States, without regard to any conflict of laws principles that would apply the law of another jurisdiction.
35.2 Exclusions
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms.
35.3 Mandatory local law preserved
Section 35.1 does not deprive any consumer of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country in which that consumer is habitually resident. See Section 34.
35.4 Venue for court proceedings
Subject to Section 36 and Section 34, the state and federal courts located in Wilmington, New Castle County, Delaware have exclusive jurisdiction over any proceeding arising out of or relating to these Terms, and each party irrevocably submits to that jurisdiction and waives any objection based on venue or forum non conveniens. Explore Careers may additionally bring proceedings for injunctive or equitable relief, or to protect its Intellectual Property Rights, in any court of competent jurisdiction anywhere in the world.
36. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
36.1 Scope
This Section 36 applies to Users located in the United States. It does not apply in any jurisdiction where such provisions are unenforceable, and does not apply to a Minor to the extent it is unenforceable against a Minor. Those Users are governed by Sections 34 and 35.
36.2 Informal resolution first
Before commencing any arbitration or proceeding, you agree to first contact us at the address in Section 39 with a written Notice of Dispute setting out your name, contact details, Account details, a description of the dispute and the relief sought. We will attempt in good faith to resolve the dispute informally. Neither party may commence arbitration until sixty (60) days after the Notice of Dispute is received. This informal resolution process is a condition precedent to commencing arbitration, and the applicable limitation period is tolled during it.
36.3 Agreement to arbitrate
If the dispute is not resolved within 60 days, any dispute, claim or controversy arising out of or relating to these Terms or the Platform (including their formation, breach, termination, enforceability, validity or scope) will be resolved exclusively by final and binding individual arbitration, and not in court, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, in effect at the time the arbitration is commenced.
(a) The arbitration will be conducted by a single arbitrator.
(b) The seat of arbitration is Wilmington, Delaware. For consumers, the arbitration may be conducted by telephone, videoconference or on written submissions, or in the county of your residence, at your election.
(c) The arbitrator has exclusive authority to resolve all disputes, including threshold questions of arbitrability, except as provided in Sections 36.5 and 36.6.
(d) The arbitrator may award any relief available in court, but only in favour of the individual party seeking relief and only to the extent necessary to provide that relief. The arbitrator may not award relief against or on behalf of anyone who is not a party.
(e) The arbitrator’s award is final and binding, and judgment may be entered on it in any court of competent jurisdiction.
(f) The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section 36.
(g) Allocation of AAA fees is governed by the AAA rules; where you are a consumer, we will pay the portion of filing and arbitrator fees that exceeds the cost of filing suit in court, as required by those rules.
36.4 CLASS ACTION AND JURY TRIAL WAIVER
YOU AND EXPLORE CAREERS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, MASS ACTION OR ANY OTHER REPRESENTATIVE PROCEEDING.
Claims may be brought only in an individual capacity. The arbitrator may not consolidate or join the claims of more than one person, and may not preside over any form of representative or class proceeding, unless all affected parties agree in writing.
If this Section 36.4 is found to be unenforceable as to any claim or request for relief, that claim or request must be severed from the arbitration and brought in the courts identified in Section 35.4, and all other claims remain subject to arbitration. If the class action waiver is found unenforceable in its entirety, then this entire Section 36 (other than this sentence and Sections 36.5 and 36.6) is void.
36.5 Small claims exception
Either party may bring an individual claim in small claims court in a court of competent jurisdiction, provided the claim remains individual and within that court’s jurisdictional limits.
36.6 Injunctive and intellectual property relief exception
Notwithstanding anything to the contrary, Explore Careers may seek injunctive, declaratory or other equitable relief, and may bring claims for infringement or misappropriation of its Intellectual Property Rights or breach of Section 12 (Automated Access, Scraping and AI Training) or Section 19 (Confidential Information), in any court of competent jurisdiction, without first complying with Sections 36.2 or 36.3.
36.7 Mass arbitration protocol
If 25 or more similar claims are submitted against Explore Careers by or with the coordination of the same or coordinated counsel, the claims will be administered in sequential batches of no more than 50, with the parties selecting 25 each per batch, and the limitation period tolled for all claims in the queue. The parties will cooperate in good faith with the AAA to implement this protocol efficiently.
36.8 30-DAY RIGHT TO OPT OUT
You may opt out of this Section 36 by sending written notice within thirty (30) days of first accepting these Terms to the address in Section 39, stating your name, address, email address associated with your Account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms and will not affect your access to the Platform. If you opt out, Section 35.4 governs.
36.9 Survival
This Section 36 survives termination of these Terms and closure of your Account.
37. ELECTRONIC COMMUNICATIONS AND NOTICES
37.1 Consent to electronic communications
You consent to receive communications from us electronically, including by email, through the Platform, by in-product notification, by push notification (where enabled) and by SMS (where you have provided a mobile number and given any consent required by law). You agree that all agreements, notices, disclosures, consents and other communications provided electronically satisfy any legal requirement that they be in writing, and that electronic signatures, acceptances and records are valid, enforceable and admissible under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Uniform Electronic Transactions Act as enacted in any state.
37.2 Service-related communications
We may send you service, administrative, security, safeguarding, legal and transactional communications relating to your Account or the Platform. You may not opt out of these communications while you hold an Account, other than by closing your Account.
37.3 Marketing communications
Marketing and promotional communications are sent in accordance with the Privacy Policy and Applicable Data Protection Law, including the CAN-SPAM Act and the Telephone Consumer Protection Act. You may unsubscribe at any time using the link in any marketing email or by contacting us.
37.4 Notices to you
Notices to you are effective when sent to the email address associated with your Account or posted on the Platform. It is your responsibility to keep your contact details current and to check for notices.
37.5 Notices to us
Formal legal notices to Explore Careers must be sent in writing to the addresses in Section 39 and are effective on receipt.
37.6 Newsletters, forms and event registration
Where you sign up to a newsletter, submit a contact form, register for an event or webinar, or request a resource download, you consent to us contacting you in relation to that request and, where you have consented or where permitted by law, in relation to related content and services. Registration for events may be subject to additional terms including capacity limits, cancellation and recording. Events and webinars may be recorded; by attending you consent to being recorded and to the recording being made available on the Platform.
38. GENERAL PROVISIONS
38.1 Entire agreement
These Terms, together with the Privacy Policy, any supplemental terms, and any applicable Commercial Agreement, constitute the entire agreement between you and Explore Careers in relation to the Platform, and supersede all prior or contemporaneous proposals, negotiations, representations, understandings, communications and agreements, whether oral or written, in relation to its subject matter.
38.2 No reliance
You acknowledge that in entering into these Terms you have not relied on, and have no remedy in respect of, any statement, representation, assurance, warranty or understanding (whether made negligently or innocently) other than as expressly set out in these Terms. Nothing in this Section 38.2 limits or excludes liability for fraud or fraudulent misrepresentation, or any liability that cannot lawfully be excluded.
38.3 No waiver
No failure, delay or partial exercise by Explore Careers in exercising any right, power or remedy under these Terms operates as a waiver of it. No waiver is effective unless in writing and signed by an authorized representative of Explore Careers, and a waiver in one instance does not waive any subsequent or other breach. Our enforcement of these Terms is discretionary, and our decision not to enforce a provision in one case does not prevent enforcement in another.
38.4 Severability
If any provision of these Terms (or part of a provision) is held by a court or tribunal of competent jurisdiction to be invalid, illegal, void or unenforceable, that provision or part will be:
(a) read down or modified to the minimum extent necessary to make it valid, legal and enforceable while giving the fullest effect to the parties’ original intent; or
(b) if it cannot be so read down or modified, severed,
and in either case the remainder of these Terms continues in full force and effect. Where a provision is invalid only in respect of a particular jurisdiction or class of User, it is severed only in respect of that jurisdiction or class.
38.5 Assignment
You must not assign, novate, transfer, charge, sub-contract, sub-license or otherwise deal with any of your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any purported assignment without consent is void.
Explore Careers may assign, novate or transfer these Terms, in whole or in part, without your consent, including to an affiliate, or in connection with a merger, acquisition, corporate reorganization, change of control, financing, or sale of all or substantially all of its assets or business. These Terms bind and benefit the parties and their permitted successors and assigns.
38.6 Subcontracting
We may perform any of our obligations, and exercise any of our rights, through affiliates, subcontractors, vendors and service providers, provided we remain responsible for the performance of our obligations.
38.7 No third-party beneficiaries
Except as expressly stated (including in Sections 25.2 and 27.5, and in favour of the Explore Careers Parties under Sections 26, 27 and 28), these Terms do not confer any rights on any person who is not a party.
38.8 Relationship
Nothing in these Terms creates a partnership, joint venture, agency, employment, fiduciary or franchise relationship between the parties.
38.9 Cumulative rights
The rights and remedies under these Terms are cumulative and in addition to, and do not exclude, any rights or remedies available at law or in equity.
38.10 Further assurance
Each party will do all things and execute all documents reasonably necessary to give full effect to these Terms.
38.11 Headings and interpretation
Headings are for convenience only and do not affect interpretation. Section 2.27 applies to the interpretation of these Terms.
38.12 Counterparts and electronic execution
Where these Terms or any related document are executed, they may be executed in counterparts and by electronic signature, each of which is an original and all of which together constitute one instrument.
38.13 Governing version
The version of these Terms published on the Platform at the time of your access governs your use of the Platform at that time.
39. CONTACT DETAILS
If you have any questions, concerns, complaints, notices or requests in relation to these Terms or the Platform, please contact us.
Explore Careers LLC One World Trade Center New York, NY 10007 United States
Purpose Contact
General enquiries and support hello@explorecareers.com
Legal notices, Notices of Dispute (Section 36.2) and arbitration opt-out notices (Section 36.8) legal@explorecareers.com — Attention: Legal Department
Copyright and intellectual property notices (Section 20) legal@explorecareers.com — Attention: Copyright Agent
Privacy, data protection and student data privacy@explorecareers.com
Security vulnerability reports (Section 14.2) security@explorecareers.com
Trust and safety / safeguarding concerns safety@explorecareers.com
Formal legal notices may also be sent by mail to the Legal Department at the address above.
ACKNOWLEDGEMENT
BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
© Explore Careers LLC. All rights reserved. These Terms of Use, including their structure, drafting and content, are the copyright of Explore Careers LLC and may not be copied or reproduced.