1. Acceptance of Terms
By creating an account, logging into, or otherwise accessing the Portal, you represent that you have read, understood, and agree to be bound by these Terms. If you are accessing the Portal on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and references to "you" shall include that organisation.
These Terms constitute a legally binding agreement between you and MSK Career Consulting. If you do not agree to any provision of these Terms, you must immediately discontinue your use of the Portal and contact us to arrange alternative service delivery.
2. Eligibility & Access
The Portal is a private, invitation-only platform. Access is granted solely to individuals who have entered into a coaching engagement with MSK Career Consulting or who have been expressly authorised by MSK to use the Portal. You may not share your login credentials or grant access to any other person.
Age requirement. You must be at least 18 years of age to use the Portal. By accessing the Portal, you represent and warrant that you are 18 years of age or older.
Account responsibility. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you suspect any unauthorised access to or use of your account.
Accurate information. You agree to provide accurate, current, and complete information when creating or updating your account profile, and to maintain the accuracy of that information throughout your use of the Portal.
3. Acceptable Use Policy
You agree to use the Portal only for its intended purpose — to support your professional career development coaching engagement with MSK — and in compliance with all applicable laws and regulations. The following conduct is strictly prohibited:
| Category | Prohibited Conduct |
|---|---|
| Unauthorised access | Attempting to access accounts, data, or systems you are not authorised to access; circumventing authentication or security controls; reverse-engineering the Portal. |
| Harmful content | Uploading or transmitting malware, viruses, or any code designed to damage, disable, or interfere with the Portal or any connected systems. |
| Misrepresentation | Impersonating any person or entity; misrepresenting your identity, qualifications, or affiliation; providing false or misleading information. |
| Scraping & automation | Using automated tools, bots, scrapers, or crawlers to access, collect, or extract data from the Portal without our prior written consent. |
| Interference | Taking any action that imposes an unreasonable load on Portal infrastructure; disrupting, degrading, or interfering with the Portal's operation or other users' access. |
| Unlawful use | Using the Portal for any purpose that violates applicable laws, regulations, or third-party rights, including intellectual property rights, privacy rights, or export control laws. |
| Commercial exploitation | Reselling, sublicensing, or otherwise commercially exploiting access to the Portal or its content without our express written consent. |
MSK reserves the right to investigate suspected violations of this Acceptable Use Policy and to take appropriate action, including suspending or terminating your access, reporting conduct to law enforcement, or pursuing legal remedies.
4. Coaching Engagement Terms
The Portal is a tool that supports — but does not replace — the professional coaching relationship established through your separate coaching agreement with MSK Career Consulting. The following terms govern the coaching services delivered through the Portal:
Scope of services. The coaching services provided through the Portal are limited to professional career development coaching. MSK does not provide legal, financial, medical, psychological, or therapeutic advice. Coaching is a distinct professional service that focuses on goal-setting, professional development, and performance improvement.
No guarantee of outcomes. Coaching is a collaborative process that depends on your active engagement and effort. MSK does not guarantee any specific career outcome, job placement, salary increase, promotion, or other result from the coaching engagement. The effectiveness of coaching depends on many factors outside MSK's control, including your individual circumstances, effort, and the decisions of third parties such as employers.
Session scheduling. Sessions must be booked through the Portal's booking system in accordance with the scheduling terms set out in your coaching agreement. Cancellation and rescheduling policies are governed by your individual coaching agreement.
Session notes. Coaching session notes are prepared by your coach as a professional record of the session. They are intended to support your coaching journey and are not a verbatim transcript. You acknowledge that session notes reflect your coach's professional observations and may not capture every detail of a session.
Professional standards. All coaching services are delivered in accordance with the ethical standards of the International Coaching Federation (ICF) or equivalent professional body. Where a conflict arises between these Terms and MSK's professional ethical obligations, the ethical obligations shall prevail.
Not a substitute for professional advice. Nothing communicated through the Portal, including coaching session notes, resources, or industry insights, constitutes legal, financial, tax, medical, or psychological advice. You should seek qualified professional advice for matters in those domains.
5. Intellectual Property Rights
MSK's intellectual property. The Portal and all of its content — including but not limited to the software, code, design, layout, graphics, text, coaching frameworks, workbooks, session templates, industry insights articles, newsletter content, and career resources — are the exclusive property of MSK Career Consulting or its licensors and are protected by copyright, trade mark, and other intellectual property laws.
Limited licence to you. Subject to your compliance with these Terms, MSK grants you a personal, non-exclusive, non-transferable, revocable licence to access and use the Portal and its content solely for the purpose of your own career development coaching engagement. This licence does not permit you to: (a) copy, reproduce, distribute, or publicly display any Portal content; (b) create derivative works based on Portal content; (c) use Portal content for commercial purposes; or (d) remove or alter any copyright, trade mark, or other proprietary notices.
Coaching materials. All coaching frameworks, methodologies, workbooks, templates, exercises, and resources provided to you through the Portal remain the intellectual property of MSK Career Consulting. You may use these materials for your personal career development but may not reproduce, distribute, sell, or share them with third parties without MSK's prior written consent.
Feedback. If you provide feedback, suggestions, or ideas about the Portal, you grant MSK a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose, including improving the Portal, without any obligation to compensate you.
Trade marks. "MSK Career Consulting", the MSK logo, and any other MSK trade marks, service marks, or logos displayed on the Portal are the property of MSK Career Consulting. Nothing in these Terms grants you any right to use MSK's trade marks without our prior written consent.
6. User Content & Career Vault
Ownership of your content. You retain full ownership of all documents, files, and materials you upload to the Career Vault ("User Content"), including résumés, cover letters, performance reviews, certificates, and other career documents. MSK does not claim any ownership interest in your User Content.
Licence to MSK. By uploading User Content to the Portal, you grant MSK a limited, non-exclusive, non-transferable licence to store, display, and process your User Content solely for the purpose of providing the Portal's services to you. This licence terminates when you delete the content or close your account.
Your responsibility for User Content. You are solely responsible for the User Content you upload. You represent and warrant that: (a) you own or have the necessary rights to upload the User Content; (b) the User Content does not infringe any third party's intellectual property, privacy, or other rights; and (c) the User Content does not contain malware, viruses, or other harmful code.
Prohibited content. You must not upload content that is unlawful, defamatory, obscene, or that violates any third party's rights. MSK reserves the right to remove any User Content that violates these Terms.
Backup responsibility. While MSK takes reasonable measures to protect your stored documents, you are responsible for maintaining your own backup copies of important documents. MSK is not liable for any loss of User Content due to technical failure, accidental deletion, or other causes.
7. Subscriptions & Payment
Subscription plans. Access to certain features of the Portal may require a paid subscription. The available subscription plans, pricing, and included features are described in the Portal's subscription section and may be updated from time to time.
Billing. Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). By subscribing, you authorise MSK to charge your nominated payment method for the applicable subscription fee on each billing date.
Cancellation. You may cancel your subscription at any time through the Portal's account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for unused portions of a billing period, except where required by applicable law.
Price changes. MSK reserves the right to change subscription pricing. We will provide at least 30 days' notice of any price increase before it takes effect. Your continued use of the Portal after the new pricing takes effect constitutes acceptance of the new price.
Coaching fees. Coaching session fees are governed by your individual coaching agreement with MSK and are separate from Portal subscription fees. The Portal does not process coaching session payments directly unless otherwise specified in your coaching agreement.
8. Confidentiality
Mutual confidentiality. Both you and MSK acknowledge that the coaching relationship involves the exchange of sensitive and confidential information. Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the coaching engagement and the use of the Portal.
Your obligations. You agree not to disclose, reproduce, distribute, or otherwise make available to any third party any coaching session notes, coaching frameworks, workbook content, or other confidential materials provided to you through the Portal, without MSK's prior written consent.
MSK's obligations. MSK's confidentiality obligations with respect to your personal and coaching data are set out in our Privacy Policy. In summary, MSK will not disclose the content of your coaching sessions to third parties (including your employer, where applicable) without your explicit written consent, except as required by law or professional ethical obligations.
Exceptions. Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of these Terms; (b) was already known to the receiving party before disclosure; (c) is independently developed by the receiving party without reference to the confidential information; or (d) is required to be disclosed by law, court order, or regulatory authority.
9. Disclaimers
Portal provided "as is". The Portal and all content and services provided through it are offered on an "as is" and "as available" basis, without any warranty of any kind, express or implied. To the fullest extent permitted by applicable law, MSK expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
No warranty of availability. MSK does not warrant that the Portal will be available at all times, uninterrupted, error-free, or free of viruses or other harmful components. We may suspend, modify, or discontinue the Portal or any feature at any time without notice.
No warranty of results. MSK does not warrant that the coaching services, resources, or content provided through the Portal will achieve any particular career outcome, result, or objective. Career outcomes depend on many factors outside MSK's control.
Third-party content. The Portal may contain links to or references to third-party websites, resources, or services. MSK does not endorse, control, or take responsibility for any third-party content, products, or services. Your use of third-party resources is at your own risk.
Industry insights. Industry insights, market commentary, and career resources published on the Portal are provided for general informational purposes only and do not constitute professional advice. They reflect the views of the author at the time of publication and may not be current.
10. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall MSK Career Consulting, its directors, employees, contractors, agents, or licensors be liable for any:
(a) indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or the cost of substitute services, arising out of or in connection with your use of or inability to use the Portal or the coaching services, even if MSK has been advised of the possibility of such damages;
(b) damages arising from career decisions made in reliance on coaching advice, session notes, resources, or industry insights provided through the Portal; or
(c) damages arising from unauthorised access to or alteration of your data, provided that MSK has implemented the security measures described in the Privacy Policy.
In jurisdictions that do not allow the exclusion or limitation of certain damages, MSK's liability shall be limited to the maximum extent permitted by law.
Aggregate liability cap. To the fullest extent permitted by applicable law, MSK's total aggregate liability to you for all claims arising out of or in connection with these Terms or the Portal shall not exceed the greater of: (a) the total amount paid by you to MSK in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) AUD $100.
Consumer law rights. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Australian Consumer Law.
11. Indemnification
You agree to indemnify, defend, and hold harmless MSK Career Consulting and its directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Portal in violation of these Terms; (b) your User Content; (c) your violation of any applicable law or regulation; or (d) your infringement of any third party's rights.
MSK reserves the right to assume exclusive control of the defence of any matter subject to indemnification by you, at your expense. You agree to cooperate with MSK's defence of such claims.
12. Termination
Termination by MSK. MSK may suspend or terminate your access to the Portal at any time, with or without notice, if: (a) you breach any provision of these Terms; (b) your coaching engagement with MSK concludes; (c) MSK reasonably believes your continued access poses a security risk; or (d) MSK discontinues the Portal.
Termination by you. You may terminate your account at any time by contacting us at [email protected]. Termination does not entitle you to a refund of any prepaid fees, except as required by applicable law.
Effect of termination. Upon termination: (a) your licence to use the Portal immediately ceases; (b) you must immediately stop accessing the Portal; and (c) MSK may delete your account data in accordance with the data retention schedule set out in the Privacy Policy. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 5 (Intellectual Property), 8 (Confidentiality), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), and 13 (Governing Law).
Data export. Before terminating your account, you may request an export of your User Content (Career Vault documents) by contacting us. We will provide a reasonable opportunity to retrieve your data before deletion.
13. Governing Law & Dispute Resolution
Governing law. These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.
Jurisdiction. You and MSK agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia for the resolution of any dispute arising out of or in connection with these Terms or the Portal, except as provided below.
Informal resolution. Before initiating any formal legal proceedings, you agree to first contact MSK at [email protected] and attempt to resolve the dispute informally. MSK will use reasonable efforts to resolve the dispute within 30 days of receiving written notice.
International users. If you are accessing the Portal from outside Australia, you are responsible for compliance with your local laws. MSK makes no representation that the Portal is appropriate or available in all locations.
14. Changes to These Terms
MSK reserves the right to modify these Terms at any time. When we make material changes, we will notify you by email (using the address associated with your account) and by posting a prominent notice in the Portal at least 14 days before the changes take effect.
The "Last Updated" date at the top of this page indicates when these Terms were most recently revised. Your continued use of the Portal after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Portal before the changes take effect.
15. Contact Us
If you have any questions, concerns, or requests regarding these Terms, please contact us:
For privacy-related enquiries, please refer to our Privacy Policy or contact [email protected].
A note on legal advice
These Terms of Service have been prepared in good faith to reflect our service practices and applicable legal requirements. They do not constitute legal advice. We recommend that you consult a qualified legal professional if you have specific questions about your rights or obligations under these Terms.