How it works in plain English
It’s totally free during our pre-launch period.
While we build our library of advertisers during our pre-launch, the advertising services are free. No monthly charges. No inquiry charges. A credit card is required for verification purposes, but you will not be charged.
When we launch paid services, sometime in early 2021, the rate will be a small fee per inquiry result. If you are not getting results, there is no charge.
After paid services are introduced, advertisers pay a small fee per result (see the pricing page) on a metered billing model, so advertisers pay less, and only for results. Results are measured as clicks that indicate a user has made an inquiry. The result fee for the previous month is automatically charged to the advertiser’s credit card at the end of the month. Advertisers can monitor the inquiry results logged for the current month at the dashboard and change advertisements to ‘withdrawn’ or ‘sold’ to immediately cease logging inquiry results charges.
These terms and conditions (“Terms“) govern all Advertisers (defined as “Advertiser“, “you” and “your“) that:
- acquire services from Mind Your Profit ;
- have placed an advertisement on mindyourprofit.com (the “Site” or “Mind Your Profit website”); or
- have utilised any features of the Site.
Your access to and use of the information, materials and services provided on this Site is conditional upon your acceptance and compliance with the Terms.
The Site is owned and operated by Courses2Careers Pty Ltd t/a Mind Your Profit defined as (“Mind Your Profit “, “we“, “us” and “our“).
Your continued use of this Site, including without limitation, your posting of an advertisement on the Site, will be deemed as acceptance of these Terms by you.
Variation of Terms
- Mind Your Profit may vary these Terms at any time. If Mind Your Profit varies these Terms, it will provide notice by publishing the varied Terms on the Site.
- You accept that by doing this, Mind Your Profit has provided you with sufficient notice of the variation to its Terms.
- You agree to pay for Mind Your Profit’s services in the manner specified by Mind Your Profit from time to time.
- Mind Your Profit reserves the right to change, from time to time, the prices it charges for the services. You agree to pay the prices stated at the time you purchase the services.
- All prices quoted for Mind Your Profit Business’s services are exclusive of GST. GST will be added to such prices and charged to you at the time of payment.
- Mind Your Profit charges by metered billing according to your level of inquiries. Your credit card will be automatically charged monthly according to the metered billing results of the previous month. For details on metered billing see our pricing page. All amounts owing to Mind Your Profit must be paid at the time of billing unless Mind Your Profit has consented otherwise.
- It is your responsibility to monitor and manage your charges by reviewing the inquiry results in the dashboard. When you change ads status to ‘withdrawn’ or ‘sold’ ads inquiry charges will no longer be incurred.
- Results logged will not equate to the number of emails or phone calls you get as many users will view your advertisement, or click the message button, but not get in contact – and that is still an inquiry.
- You are obliged to pay for the services that Mind Your Profit agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide Mind Your Profit with the necessary materials or information for Mind Your Profit to deliver these services to you, you are still liable to Mind Your Profit for full payment.
- If you do not pay your account on time Mind Your Profit may disable your account without notice and refuse to supply further services to you.
- You agree that pursuant to the Privacy Act 1988 (Cth), Mind Your Profit may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purposes of assessing any commercial credit application made by you and collecting overdue payments relating to commercial credit owed by you.
- You agree that Mind Your Profit may disclose this information to a credit reporting agency or any other interested person.
Intellectual Property Rights
- Mind Your Profit retains all intellectual property rights contained in any of the goods and services provided to you by Mind Your Profit.
Limitation of Liability and Disclaimer
- Mind Your Profit provides no warranty to you that services generally available through the Site will be uninterrupted or error free. To the maximum extent permitted by law, Mind Your Profit, its officers, employees, agents and contractors will not be liable in any way to you or anyone else for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss of profit, loss of corruption of data, business interruption, the loss of data or information or indirect costs, even if we are informed of their possibility), however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site. Mind Your Profit agrees to use its reasonable endeavours to ensure that any disruptions to or a denial of access to the Mind Your Profit website will be remedied as quickly as possible.
- In the case of goods or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
- Mind Your Profit makes every effort to avoid errors in advertisements it has agreed to post to the Mind Your Profit website. However, Mind Your Profit accepts no responsibility or liability for any errors and requires you to check your advertisements for errors as soon as they are placed on the Mind Your Profit website. All reasonable efforts will be undertaken by Mind Your Profit to edit errors brought to Mind Your Profit Business’s attention as soon as reasonably possible.
- Mind Your Profit agrees to use reasonable efforts to publish advertisements in the shortest possible time.
- Mind Your Profit cannot and does not guarantee or warrant to the you that files available for downloading through the Site or delivered via electronic mail through the Site, or features and products available through the Site, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
- Mind Your Profit acts as a medium through which prospective buyers look for business opportunities. Mind Your Profit does not vet, nor is it responsible for vetting, prospective buyers or the representations made by them whether oral or in writing.
Changes to the Site
- Mind Your Profit may, at any time, without notice nor liability to you:
- alter the functionality and/or appearance of its products and services available from Mind Your Profit or the Mind Your Profit website itself, including but not limited to advertisements on the Mind Your Profit website and/or as they are represented on mobile communication devices; and
- perform maintenance on or in respect of the Mind Your Profit website to ensure its satisfactory operation, which maintenance may affect the availability or functioning of the Site.
- You warrant and agree that:
- you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
- advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
- all files delivered to Mind Your Profit will be free of infection or viruses;
- you will not use the Site for any illegal purpose;
- you will not use the Site or any features of the Site to upload, download, transact, store or make available data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, abusive violent, obscene, invasive of another’s privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to Mind Your Profit Business, the Site users or persons generally; and
- if you have engaged a third party provider to obtain data and/or obtain services from the Site on your behalf, you understand that a breach of these Terms by that provider will be deemed to be a breach of the relevant Terms by you, and Mind Your Profit will have the right to take action against you on account of that breach (even if you had no knowledge of, and no involvement in, the said breach).
- To enable you to utilise Mind Your Profit’s services, you will be provided with one or more password protected accounts (as Mind Your Profit deems appropriate). You are obliged to monitor the usage of those accounts and will be liable for any services purchased through their use.
- You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without Mind Your Profit Business’s prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
- You indemnify and will keep indemnified Mind Your Profit Business, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Mind Your Profit in connection with:
- any breach of these Terms by you;
- any negligent act or omission by you;
- the listing or proposed listing of any advertisement by you on the Site or any related site; or
- an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of your advertisement appearing on the Site.
- You agree at all times to deal with any information or products provided by Mind Your Profit or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
- Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.
- You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without Mind Your Profit Business’s prior written approval.
- You may not to post any pyramid scheme on the Mind Your Profit website nor ask or require any prospective buyer to pay a fee, charge, cost or any money whatsoever to make an enquiry about an advertisement on the Mind Your Profit website. Such fees, charges, costs or monies may not be asked or required of the prospective buyer in the advertisement itself nor in any communication with the prospective buyer that takes place as a result of an advertisement placed on the Mind Your Profit website;
- You may not use any feature of the Mind Your Profit website to send unsolicited commercial email to others, whether individually or as a group. Any tools made available by Mind Your Profit or used in connection with the Mind Your Profit website may only be used to communicate with others about the specific advertisements they have posted to the Mind Your Profit website or the advertisements to which they have responded. Database tools may only be used to communicate with others about specific businesses which match your preferences.
- You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Mind Your Profit without Mind Your Profit Business’s prior written approval.
- You may not under any circumstances provide any personal information of prospective buyers you have obtained through your use of the Site to any other party, including to any affiliate or related party of yours (unless Mind Your Profit or the prospective buyer has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
- Mind Your Profit takes its obligations under the Privacy Act 1988 extremely seriously, and is resolute in its determination to prevent the misuse of personal data. If Mind Your Profit believes that you have misused personal data obtained through the use of the Site for any reason, Mind Your Profit reserves the right to:
- immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received personal information from you in breach of these Terms;
- report any potential contraventions of the Privacy Act 1988 (Cth) by you to the relevant authorities, including the Office of the Australian Information Commissioner; and/or
- take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
- You must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
- Competition and Consumer Act 2010 (Cth);
- Fair Trading Acts in all applicable States and Territories;
- Privacy Act 1988 (Cth) including the National Privacy Principles;
- Estate Agents Acts in all applicable States and Territories;
- Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
- all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business. If you have obtained an exemption to comply with such legislation, you must include the exemption number in the advertisement submitted to Mind Your Profit Business.
- You are not permitted to insert links to an external website or an externally hosted application form within the details of an Advertisement (including from the apply functions) without Mind Your Profit Business’s express written approval which may be granted withheld or withdrawn at Mind Your Profit Business’s discretion.
- You may only post an advertisement to the Site that is a genuine business opportunity for which you are currently seeking a purchaser at the time of posting. Mind Your Profit reserves the right to request any information from you that it deems necessary to verify that a genuine business opportunity exists. If you fail to provide this information within a reasonable time following such a request, Mind Your Profit reserves the right to (at its discretion):
- immediately suspend your advertisement and/or account;
- terminate your account; and/or
- take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
- If your advertisement makes any claims regarding expected or potential earnings, profit or other financial performance metrics, you must on request provide Mind Your Profit with evidence substantiating such claims. If your fail to do so within 3 days following such a request, Mind Your Profit reserves its rights to immediately suspend your advertisement.
- You must ensure that advertisements posted to the Site are posted to the appropriate category of the Site. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
- Advertisers must ensure that all information entered into any data entry field, as part of the advertisement classification process, relates directly to the relevant data field category. Mind Your Profit reserves the right to amend, alter or remove any information that does not meet this requirement.
- Mind Your Profit reserves the right to remove an advertisement from the platform if it does not comply with these terms and conditions.
- Mind Your Profit reserves the right and Advertisers must accept as a condition of advertising on the Site, Mind Your Profit’s right to re-classify advertisements posted to the Site, entitling Mind Your Profit to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
- Any advertisements (including but not limited to Boosted Ads) acquired by you from Mind Your Profit must not be on-sold or supplied by you to third parties unless you are a business broker and supply business broker services (as approved by Mind Your Profit) in conjunction with the advertisements (including but not limited to Boosted Ads)
- Where you are a business broker and in accordance with this agreement on sell or supply advertisements acquired by you from Mind Your Profit, those ads must be branded with your business broker brand or co-branded with both your business broker brand and the brand of your client to whom the advertisement has been on sold or supplied.
- At the time of collection of a prospective buyer’s personal information, or as soon as practicable thereafter, you warrant to Mind Your Profit that you will:
- From time to time Mind Your Profit receives requests from prospective buyer regarding personal information collected by Advertisers. Where Mind Your Profit receives such a request from a prospective buyer whose personal information you have received, we will pass such request on to you. You warrant to Mind Your Profit that whenever such request is provided to you, you will promptly and meaningfully respond to such request and will confirm such compliance to us.
- You agree to indemnify and hold Mind Your Profit harmless against any loss or damage whatsoever that Mind Your Profit may incur, including but not limited to any civil penalties which may be imposed, as a result of:
- a failure by you to comply with this agreement.
- a breach of the Privacy Act 1988 (Cth) or the Information Privacy Principles by you; or
- any indirect contravention of the Privacy Act 1988 (Cth) or the Information Privacy Principles by Mind Your Profit caused by your non-compliance with this agreement.
Licence to use data
- Except for information that is ‘personal information’ (as that term is defined in the Privacy Act 1988 (Cth)), all data stored on the site on behalf of the Advertiser is owned by the Advertiser, and not Mind Your Profit Business.
- The Advertiser hereby grants Mind Your Profit a perpetual, non-exclusive, irrevocable licence to use any stored data to:
- manage internal reporting requirements;
- collate statistical information about use of the Site and submission of online applications;
- analyse user behaviour on the Site;
- obtain and analyse high level trends and prepare reports relating thereto; and
- generally improve users’ experience on the Site.
Hardware & software
- It is the Advertiser’s responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Site.
- Mind Your Profit may review advertisements prior to publication and may, in its absolute discretion and without any liability to you, reject or remove any advertisement for any reason including (but not limited to) where Mind Your Profit believes an advertisement may be in breach of these terms and conditions or of any law or regulation.
- Mind Your Profit may also terminate these terms and conditions if you post any advertisement or material that may be in breach of any law or regulation. Mind Your Profit will not unreasonably exercise these rights.
- Termination of these terms and conditions will not end those provisions that are capable of surviving the ending of these terms and conditions.
- These Terms are governed by the laws of Western Australia. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Western Australia and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.