Terms Of Use

Terms Of Use

by Felicity Menzies

We, CULTURE PLUS CONSULTING PTY LTD (“our Company”) thank you for visiting our website www.cultureplusconsulting.com (“our Site“). Your terms of use of our Site shall be governed by the terms and conditions as set out herein (“our Terms of Use”) and our Privacy Policy. Your use of our Site constitutes your full agreement to our Terms of Use and our Privacy Policy, which shall form a legally binding and enforceable contract between you and our Company (“Agreement”). If you do not accept any provision in our Terms of Use or our Privacy Policy, you should immediately cease all usage of our Site and our Platform, and notify us to discontinue any Updates which you have signed up for, failing which you shall be deemed to be bound by all the provisions contained in our Privacy Policy and our Terms of Use as follows:-

  1. Updates to our Terms of Use

1.1       You agree that it is your responsibility to check our Terms of Use available at www.cultureplusconsulting.com/terms-of-use on a regular basis to keep yourself updated of any changes or modifications.

1.2       Accordingly, you agree that our Terms of Use may be amended, modified, varied or revised from time to time without any prior notice to you, and your continued use of our Site and/or our Platform following any such changes constitutes your agreement to be bound by our amended Terms of Use which is accessible at all times, and should be accessed by you regularly, at www.cultureplusconsulting.com/terms-of-use.

  1. Our Site Content

2.1       No information on our Site, our Site’s associated blog and/or forum (collectively “Platform”), or our newsletters, webinars, marketing materials, educational write-ups, articles, promotional updates or other email updates (collectively, our “Updates“) which you may have subscribed to or downloaded via our Site, constitutes legal advice, financial advice, or any other form of advice for which a license to provide such advice may be required under applicable law.

2.2       The content on our Site, Platform and Updates is merely to provide some information regarding our Company, our services and general knowledge on cultural intelligence. Neither our Site, Platform, nor Updates, is intended to be a substitute for any legal or financial advice, and you should seek specific professional legal or financial advice on any legal or financial subject-matter for which you require specific input.

2.3       Any hypothesis, opinions, FAQs and answers expressed on our Site, our Platform and our Updates constitutes the sole discretionary opinion of our Company, and where applicable, third party writers, reviewers, individual contributors from the public, forum participants, blog commentators, research analysts, and consultants whose names shall be published along with such hypothesis and/or opinions only, and does not represent the opinion of any professional financial or legal advisors, nor shall your use or reliance on such discretionary opinion create any legal obligation enforceable against our Company.

2.4       Any information on our Site, Platform and Updates may be amended at any time in our sole discretion without any prior notice to you.

2.5       All material and information displayed on our Site, Updates and/or our Platform are for general knowledge and therefore meant for personal edification only. The statements on our Site, our Platform, and Updates, regardless of their subject-matter, have not been assessed or evaluated by any regulatory authorities, statutory boards or educational institutions (unless otherwise stated), and the effectiveness or result of using any advice, if any is stated on our Site, our Platform and/or Updates, may not necessarily yield the desired result or same effect as may be described on our Site, Platform and/or Updates. The information on our Site, our Platform and our Updates are not intended to provide you with any definitive solution of any kind.

2.6       Reviews of our services, personnel, consultants, webinars, content, third party links, services, products or third party companies found on or referred to in our Site, Updates and/or Platform posted by individuals on our Site and our Platform are the personal views of such individuals based on their personal experience, and does not represent the view of the Company, nor any implied endorsement or recommendation by the Company. Such reviews are also not to be deemed as any warranty, express or implied, of the effectiveness, results, quality or performance of any reviewed service, product, content or person.

  1. Intellectual Property

3.1       All content, including any write-ups, articles, webinars, videos, diagrams, charts, layout, photographs and drawings, as displayed on our Site, our Platform and in our Updates are protected by copyright, design registrations, trade mark registrations and/or other intellectual property rights (whether owned by the Company or licensed to the Company). Therefore except as permitted under clause 3.2 below, you agree therefore that without our Company’s prior written consent, you are not permitted to reproduce, copy, download, extract, store, distribute, sell, modify or create derivative works from, any part of the content found on our Site, our Platform or in our Updates. We reserve our rights to take legal action against you for any such unauthorised use of our content.

3.2       You are permitted to download and/or print a copy of the content on our Site, Platform and Updates for your personal reference only, without any modifications, additions or deletions.

3.3       All company names, logos, trade marks, service marks, brands (collectively the “Branding“) represented on our Site, our Platform and in our Updates belong to our Company or to third parties who have agreed to display their Branding on our Site, our Platform and in our Updates. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of our Company.

3.4       Without limiting the generality of clause 3.3 above, unless you have procured the prior written consent of the Company, you are not permitted to use the Company name or any Branding of the Company in any manner that may be; (i) construed as an endorsement by or a collaboration with the Company; or (ii) viewed as a persuasive factor for influencing any persons or entities. Similarly, any third party Branding or names found on our Site, our Platform and/or our Updates does not imply or infer any association with or endorsement by the aforesaid third party unless otherwise stated, i.e. any third party endorsement or association with the Company will be specifically stated.

  1. Third Party Sites and Browsing Experience

4.1       Please note that we do not control any links, services, products or resources provided by other third parties referenced in or linked to our Site, our Platform, or in our Updates, even if such third party’s website may be co-branded with ours by bearing our Company logo or name. We seek your understanding that we are unable to control or influence any third parties’ actions even if their websites are hyperlinked on our Site, our Platform, or in our Updates. Accordingly, should you decide to use or access such third parties’ websites, all use and access are at your sole risk and subject to the terms and conditions of use of such third parties’ websites. If you have any query on the terms and conditions of use of such third parties’ websites or their services or products, please contact the third parties directly. For the avoidance of doubt, unless specifically stated, the third party sites, services, links, products and/or services that you may find on our Site, our Platform or our Updates are not endorsed by or howsoever associated with our Company.

4.2     You agree that our Company may employ cookies, action tags or other legal technological means to record your anonymised accessing of our Site for the purpose of providing better services and enhancing your browsing experience.

  1. Minors

5.1       Our Site, our Platform and our Updates are not meant for persons who may be defined as minors under applicable law. However, it is not possible for our Company to determine whether any user of our Site is a minor. If you are a minor, please discontinue the use of our Site immediately. It is the responsibility of parents and legal guardians to monitor whether a minor is using our Site.

  1. Feedback

6.1       In the event that you provide us with any feedback and comments, whether via email to our Company or posting on our Platform, we thank you for taking the time to write to us, and your feedback and comments are appreciated. Any such feedback and comments from you (“Feedback”) shall become and remain the property of our Company. Our Company shall be entitled in its sole discretion to howsoever use, publish or disseminate such Feedback, with or without attribution to you as the Feedback’s author, and without having to notify you or seek your consent in advance. Similarly, our Company shall also be entitled in its sole discretion to refuse to post or remove or delete your Feedback (in whole or in part) at any time without having to notify you, provide you with reasons or seek your consent in advance. Accordingly, you agree that you assign all ownership (including but not limited to copyright) in the Feedback to our Company once you submit your Feedback to our Company, and you further agree to waive all moral rights over your Feedback once submitted to the Company.

6.2       Kindly note that you are responsible for your Feedback, and you should ensure that such Feedback does not contain any viruses, worms, libelous, scandalous, defamatory, obscene, abusive or infringing contents, particularly if such Feedback will be published to the public whether via our Site, our Platform, our Updates or other means (even if you were not aware that your Feedback would be published). You agree to fully hold harmless and indemnify our Company for all losses and costs suffered or incurred by our Company due to your Feedback, including but not limited to third party claims, legal fees, settlement amounts, fines, penalties, and law enforcement actions.

  1. Disclaimers and Limitation of Liability

7.1       While we have exercised due care in the preparation of all content displayed on our Site, our Platform and in our Updates, such content, information and materials are provided “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE”.

7.2       YOUR USE OF OUR SITE, OUR PLATFORM, AND OUR UPDATES IS AT YOUR OWN DISCRETION AND RISK. OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE QUALITY, ACCURACY, UPDATENESS, NON-OMISSIONS, CONTINUED ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR RELIABILITY OF OUR SITE, OUR PLATFORM, OUR UPDATES AND THEIR CONTENT, INCLUDING BUT NOT LIMITED TO THE USEFULNESS OF ANY INFORMATION, THEIR SAFETY OR SECURITY, FREEDOM FROM COMPUTER VIRUSES, AND FULLPROOF SECURITY AGAINST THIRD PARTY HACKERS.

7.3       IN NO CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED AT LAW, SHALL OUR COMPANY NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE LIABLE FOR ANY DAMAGES, LOSS, LOST PROFITS, LOST BUSINESS, LOST OPPORTUNITIES, LOST DATA OR COST OF SERVICING OR REPAIR OF COMPUTER OR OTHER EQUIPMENT, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, HOWSOEVER ARISING OR SUFFERED AS A RESULT OF ANY USE (OR INABILITY TO USE) OF OUR SITE, OUR PLATFORM, OUR UPDATES, OR ANY INFORMATION THEREIN, OR OUR COMPANY’S BREACH OF ANY PROVISION HEREIN THIS TERMS OF USE OR PRIVACY POLICY, WHETHER DUE TO VIRUSES OR THIRD PARTY HACKERS OR OTHERWISE, OR ANY RELIANCE ON OR USE OF THE INFORMATION, CONTENT, THIRD PARTY LINKS, THE ARTICLES, PRODUCTS OR SERVICES INTRODUCED OR DESCRIBED THEREIN OUR SITE, OUR PLATFORM, OR OUR UPDATES EVEN IF OUR COMPANY HAS BEEN ADVISED OF SUCH USE OR RELIANCE IN ADVANCE.

7.4       Our Company further disclaims any and all liability for any losses or damages that you may incur as a direct result of using or accessing our Site, our Platform or Updates, including but not limited to any virus, trojan horse or worm attacks on your computer.

7.5       In the event that our Company’s liability to you in relation to our Site, our Platform and/or Updates cannot be fully disclaimed, you agree that our Company’s total liability to you shall not exceed S$100.

  1. Indemnification

8.1       You agree to indemnify and hold our Company and its shareholders, directors, officers, employees, representatives and agents harmless from and against any and all claims, damages, costs and expenses, including legal fees on a full indemnity basis arising from or related to your breach of any of the provisions herein this Terms of Use, your use of our Site, our Platform and/or our Updates.

  1. Governing Law and Jurisdiction

9.1       Our Terms of Use and accordingly your agreement thereto shall be governed by and construed in accordance with the laws of New South Wales, without reference to any conflict-of-law principles.

9.2       In the event of any disputes arising from this Terms of Use, your agreement thereto, and/or your use of our Site, you must first contact our Company’s officer at fmenzies@cultureplusconsulting.com regarding your dispute, and use your best endeavours to amicably settle any dispute in good faith. We on our part will also use our best endeavours to amicably settle your concerns in good faith. However, if no amicable resolution is reached within 30 days, both parties agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.

  1. Miscellaneous

10.1     If any provision or clause of our Terms of Use or part thereof is rendered void, illegal or unenforceable by any legislation or laws to which it is subject, it shall modified so as to give effect to its intention, or where such modification is not possible, that provision or clause shall be rendered void, illegal or unenforceable to that extent only and it shall in no way affect or prejudice the enforceability of the remainder of such provision or clause or the other provisions of these Terms.

10.2     The failure or delay of our Company at any time to enforce any of its rights hereunder this Terms of Use shall not be constituted as a waiver thereof and shall in no manner affect our Company’s rights at a later time to enforce the same

[This Website Terms of Use was last updated on 19 February 2018].

 

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