Terms of Acceptable Use – Growspace

ART OF MENTORING

TERMS OF ACCEPTABLE USE – GROWSPACE

 
These terms deal with the nitty gritty of what you can and cannot do when using our websites and Services.  Don’t worry, a lot of it is common sense like how we grant each other the necessary permissions to enable the delivery of the Services and how you agree not to tamper with our Software and respect our Intellectual Property!

 

Accounts

We do our part to protect your privacy, but you will be responsible for access to your own account.

  1. When you create an account, you shall take all reasonable steps to keep your account information secure and protected against unauthorised access.
  2. You are responsible for all activities that occur under your account name and login.
  3. We have the right to disable any account, if in our reasonable opinion, you have failed to comply with these Terms of Acceptable Use, our Payment Policy or our Privacy Policy.
  4. We may cancel unconfirmed Accounts or Accounts which have, in our opinion, been inactive for a long time.

 

Access to the Mentoring Platform

We want to make sure the Services are available for everyone to use, with respect to our reputation and Intellectual Property rights.

  1. We grant you access to make personal and non-commercial use of the Services and make the Services available to your End-Users. The Services are licensed, not assigned, which means you acquire the rights to use the Services as described in these terms, but you do not acquire ownership of the Services.
  2. You and your End-Users agree not to:

a.  use the Services for commercial or revenue-generating activities;
b.  use the Services in a way that might damage or harm the reputation or goodwill of Art of Mentoring Pty Ltd;
c.  use the Services in a way that might disable, overburden or impair Art of Mentoring’s ability to provide the Services to others;
d.  distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or transfer the Services; or
e.  re-sell the Services, unless expressly authorized by us or sell any information, Software or products obtained from the Services.

3. You and your End-Users agree not to:

a.  copy or modify any of the graphics, text, video, audio, forms, surveys, questionnaires, templates or other content that we make available to you when we provide the Services, except to the extent that such content requires you to upload information;
b.  the following copyright notice: “© Art of Mentoring Holdings Pty Ltd” shall appear on all Documentation and copies of Documentation;
c.   reverse engineer, decompile or disassemble, or otherwise tamper with the Software associated with the Services, whether in whole or in part;
d.  create any derivative works from the Services, including the Software associated with the Services;
e.  circumvent or bypass any technological protection measures relating to the Services;
f.   use or register, seek to use or register, any trademarks, designs or logos uses in relation to the Services.

 

Intellectual Property

Our Intellectual Property is important to us and we work hard to ensure that you are provided with the highest level of mentoring Services by protecting our Intellectual Property rights.

  1. All Intellectual Property in the Services, and any downloaded materials, is owned by Art of Mentoring Pty Ltd and/or its Licensor;
  2. You will not take any action that would impair, denigrate, convey ownership in or damage our Intellectual Property.

 

Confidential Information

We value our Confidential Information as much you value yours, so all parties can only disclose such information where necessary to give effect to our Terms of Acceptable Use.

  1. When you create an account, you give us the right to publish your organisation name as a participant of the GrowSpace Mentoring Program and for the sole purpose of allowing End-Users to identify and access the relevant pod in the GrowSpace Mentoring Program;
  2. Each party may have access to Confidential Information of the other party and accordingly agrees not to disclose such Confidential Information to any third party without the other party’s prior written consent
  3. A party may only disclose Confidential Information to its or its Related Bodies Corporate employees, officers, legal or other professional advisors, auditors or other consultants where such person requires the information for the purpose of this Terms of Acceptable Use or advising in relation to the Services being provided under this Terms of Acceptable Use;
  4. You and your End Users are responsible for maintaining the confidentiality of your password and login information for your account.

 

Breach

If you don’t comply with our Terms of Acceptable Use, Payment Policy and Privacy Policy then we will have the right to prevent you from accessing the Services.

  1. If you breach these Terms of Acceptable Use, our Payment Policy or Privacy Policy, or:

a.  we believe that your actions may cause legal liability for you or us; or
b.  in our sole opinion, your conduct, acts or omissions threaten, interfere or impact upon the integrity of our Services; or
c.  we suspect that you have engaged in fraudulent or deceptive activity in connection with our Services;

then, without limiting other remedies available, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Services and/or prevent you and your users access to the Services or part thereof.

 

Warranty and Liability

We do our best to provide top-notch Services to you.  Yet, we cannot guarantee certain things like the inherent hazards of electronic communication or as mentioned above, interactions between users.

  1. The Services are provided “AS IS” and “AS AVAILABLE”, to the extent permitted by law, with no guarantee of completeness, accuracy, timeliness or as to the results that you or your End User will obtain from the use of the Services. Given the changing nature of laws, rules and regulations, and the inherent hazards of the internet, there may be delays, omissions or inaccuracies in our Services provided on the website. We do not guarantee continuous, uninterrupted or secure access to our Services, and the operation of our Services may be interfered with by numerous factors outside our control.
  2. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OR USE OF THE SERVICES.
  3. We are not responsible for any of the interactions between your End Users on the platform, or the truth, accuracy, quality or legality of any information or content posted by any End User.
  4. Our total liability for any claim relating to the Services, is limited to the fees payable for such service. Our liability will be reduced to the extent that you or your End User contributed to the damage arising from the claim.

 

Miscellaneous 

All the other reasonable standard matters are dealt with here, like how neither party is liable for acts of God and that both parties are not in an employment or agency relationship.

  1. This Terms of Acceptable Use shall be governed by and construed and interpreted in accordance with the laws of the State of New South Wales, Australia without regard to conflicts of law principles. In the event that any portion of this Terms of Acceptable Use is held to be unenforceable, the unenforceable portion shall be restated to reflect as nearly as possible the original intent of the parties and the remainder of the provisions shall remain in full force and effect.
  2. Art of Mentoring may assign, transfer or otherwise dispose of its rights and obligations under this Terms of Acceptable Use, in whole or in part, at any time but must provide thirty (30) days prior notice to you. You may not assign this contract or transfer any rights hereunder without Art of Mentoring’s consent.
  3. No failure to pursue any remedy resulting from a breach of this Terms of Acceptable Use by the non-breaching party shall be construed as a waiver of that breach by the non-breaching party nor as a waiver of any subsequent or other breach unless such waiver is in writing and signed by the non-breaching party.
  4. Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, which shall include, without limitation, acts of God, earthquakes, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, or any other such occurrences.
  5. Nothing in this Terms of Acceptable Use or the provision of the Services establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties.
  6. This Terms of Acceptable Use, the Payment Policy, Privacy Policy and any other policies or schedules as may be added and accepted from time to time constitute one and the same legally binding instrument and the entire Terms of Acceptable Use between the parties and supersede all prior oral or written Terms of Acceptable Uses between the parties with respect to the matters provided for herein.
  7. The Terms of Acceptable Use, Payment Policy and Privacy Policy may be updated from time to time. We will post the amended terms on this website. If we do make material changes to our Terms of Acceptable use, Payment Policy and/or Privacy Policy, we notify you of these changes. By continuing to use the Services after notice of the changes has been sent to you or published on this website, you are deemed to have consented to the changes.

 

Definitions

Refer to this section for the meaning of a capitalised term that is used within this document.

     

  • Confidential Information means all information provided by one party to the other in connection with the provision of the Services where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding:
    i.   information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Terms of Acceptable Use, and
    ii.  information developed independently by a party.
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  • Content means:

i.   Text material, audio recordings, video recordings, webinars, graphics, gamification, quizzes, surveys, questionnaires, templates, forms, publications, courses, modules, communications; presentation materials, training materials;
ii.  All matching algorithms, communication tools, and functionality features and tools including reminders, email, chat and messaging function;
iii. All data analytics and reporting tools, dashboards and graphic user interfaces.

     

  • End User means your employees or members that participate in the Services.
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  • Intellectual Property means:
    iii. trade names, brand names, trade symbols, logos, slogans, trademarks, domain names, company names, service marks, images, articles, data and video, sound recordings, graphics, patents, databases, forms, surveys, questionnaires, publications, articles, printed materials, templates, websites (whether registered or not) and whether in electronic or printed format;
    iv. computer software (in object code and source code form) including algorithms, subroutines, routines, and modules, their arrangement, organisation, and methods of interaction, and all related documentation, data formats, output formats, script, programming code, data, information or HTML script developed or provided; and
    v.  mentor and mentee matching algorithms, mentor and mentee application questions, survey questions, mentor and mentee application templates, tools and matching functionality; participant and group participant search and matching functions; communication tools and computing utilities, including reminders, invitations, scheduling and customized email tools; mentor and mentee reporting and data analysis; collection and compilation of data algorithms and tools; database management functions; and integrated mentor training tools and computing utilities.

 

  • Related Bodies Corporate has the meaning set out in section 50 of the Corporations Act 2001 (Cth).
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  • Services refers to the GrowSpace mentoring Services which consists of making match recommendations to you, providing program management services for your End-Users who participate in the program, providing reports on the progress of the matched End-Users, hosting and facilitating webinars attended by End-Users, access to the Software, including the software platform, and the Content.
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  • Software means to any program, application or mobile application, and any software platform provided by Art of Mentoring Pty Ltd or its Related Bodies Corporate to you for use on any computer, laptop, tablet, smartphone or other electronic device and as updated from time to time.