Home > Terms & Conditions

Terms & Conditions

Welcome to our website's User Agreement. This Agreement describes the terms and conditions that govern your use of our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of or make purchases on our site.

We may amend this Agreement at any time in our discretion by posting the amended terms on our Site. If you do not agree with such changes, you must terminate your affiliation with our website.

Membership Eligibility.

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. If you do not qualify, please do not use our services.

Your Information.

Definition.
"Your Information" is defined as any information you provide to us or other users in the registration, any public message area or through any email feature. Your Information includes any content you post on other web pages within our Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Restrictions
Your Information must not:

  • be false, inaccurate or misleading;
  • be fraudulent or involve the sale of counterfeit or stolen items;
  • infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);
  • be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  • be obscene or contain child pornography or otherwise adult in nature or harmful to persons under the age of 18 years;
  • contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992;
  • contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

License.
Solely to enable usto use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your Information, in any media now known or not currently known, with respect to Your Information.

Access and Interference

You agree that you will not use any device, software or routine to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior express written permission of us to grant such permission.

Breach

Without limiting other remedies available to us at law, in equity or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:

  1. you breach this Agreement, or the Privacy Policy

  2. we are unable to verify or authenticate any information you provide to us; or

  3. we believe that your actions may cause legal liability for you, our users or us.

Privacy

We have a Privacy Policy which applies to all members and is incorporated into this User Agreement. You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (and any amendments we make to the Privacy Policy) while you are a member of our site.

Warranty

WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.

To the extent that we and all our affiliates and related entities are able to limit the remedies available under this Agreement, we and all our affiliates and related entities expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion):

1. in the case of goods, any one or more of the following:

a) the replacement of the goods or the supply of equivalent goods;

b) the repair of the goods;

c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

d) the payment of the cost of having the goods repaired; and

2. in the case of services:

a) the supply of the services again; or

b) the payment of the cost of having the services supplied again.

Liability Limit.

IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT WE AND ALL OUR AFFILIATES AND RELATED ENTITIES HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS.

TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE FEES AND CHARGES PAYED BY YOU TO US IN THE ACTIVITY WHICH GAVE RISE TO THE LIABILITY
 
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of us or our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.

Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

Legal Compliance

You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our services. YOU ALONE, AND NOT US, ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS USER AGREEMENT AND THE PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.

Privacy Policy

Welcome to our Privacy Policy. Your privacy is very important to us. You must read and agree to the terms of this Privacy Policy before becoming a member of our site or using our products or services. As part of the normal operation of our services we collect, use and, in some cases, disclose information about you to third parties. This Privacy Policy governs the information we collect about you and your use of information we provide to you. By accepting this Privacy Policy and the User Agreement, you expressly consent to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the User Agreement.

Information We Collect

Our primary purpose in collecting personal information is to provide you with a smooth, efficient, and safer experience while using our website and/or services. This allows us to provide services and features that most likely meet your needs, and to customise our services to make your experience safer and easier. We only collect personal information about you that we consider necessary for this purpose and to achieve this goal.

We may use your financial information, including credit card information to verify your name, address, and other contact information, as well as to bill you for your use of our services.

If you establish a credit account with us to pay the fees we charge, we collect some additional necessary information, including billing address, credit card number and credit card expiration date and tracking information from cheques or money orders.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.

We may automatically or manually track certain information about you based upon your behaviour on our Site. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand and serve you and our community. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Site or not), which URL you next go to (whether this URL is on our Site or not), what browser you are using, and your IP address.

Our Use of Your Information

We use personal information about you (including but not limited to the information in the file we maintain about you, and other information we obtain from your current and past activities on the Site) to resolve disputes, troubleshoot problems, help ensure safe transactions on our Site, and enforce our User Agreement. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your information to identify users using multiple User IDs or aliases.

You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyse site usage, to improve our content and product offerings and customise our Site's content, layout, and services. These uses improve our Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safer and customised experience while using our services.

You agree that we may use your information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banners, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy you expressly agree to receive this information.

You may make changes to your notification preferences page at any time. You can remove yourself from receiving some of this information by changing the appropriate option on the preferences page.

Our Disclosure of Your Information

Although we use industry standard practices to protect your personal information, due to technical limitations, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we use industry standard practices to protect your privacy, we cannot and do not guarantee, and you should not expect, that your personal information or private communications will always remain private.

As a matter of policy, we do not sell or rent any personal information about you to any third party. However, the following describes some of the ways that your personal information may be disclosed, and by agreeing to the User Agreement and Privacy Policy you expressly agree that your personal information may be disclosed by us in the following ways:

Advertisers. We may aggregate (gather up data across all user accounts) personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit card number, and bank account number, will never be disclosed to advertisers.

Legal Requests. We may lawfully disclose your personal information for law enforcement or regulatory purposes. We cooperate with law enforcement inquires and other third parties to enforce laws, intellectual property and other rights. We can (and you authorise us to) disclose any information about you to law enforcement or other governmental officials as we, in our sole discretion, believe necessary, appropriate or as otherwise permitted under the Privacy Act 1988 (Cth), in connection with an investigation of fraud, intellectual property infringements, piracy or other activity that is illegal or may expose us to legal liability.

Use of Email Tools

You may not use our contact forms or otherwise exploit our messaging or any other or our systems in order to send unsolicited email, or anything else that would be in violation of this privacy policy, to us or any of our members or affiliates.

Control of Your Password

You are responsible for all actions taken with your User ID and password, including billing. Therefore we do not recommend that you disclose your password to any third parties. If you choose to share your User ID and password or your information with third parties to provide you additional services, you agree that you are responsible for all actions taken with your User ID and password and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.

Accessing, Reviewing and Changing Your Personal Information

Following registration, you can review and change the information you submitted during registration including:

  • Your Email Address.

  • Your registration information such as: name, company, address, city, state, post code, country, phone number, and fax number.

  • Your Password (if you have supplied such information)..

  • Your credit card number and expiration date, and other financial information.

You must promptly update your personal information if it changes.

Upon your request, we will deactivate your account, contact information, and financial information from our active databases. To make this request, access the contact us page.Such information will be deactivated as soon as reasonably possible in accordance with applicable law.

We will retain in our files information you have requested to remove in some circumstances, such as to prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, and enforce our User Agreement, and to comply with legal requirements. Further, such prior information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests. However, such information will be deactivated from public viewing and usage by us and will only be available to select personnel.

Other Information Collectors

Except as otherwise expressly discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, such as other sites throughout the Internet, different rules may apply to their use or disclosure of the personal information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy customs and policies. Since we do not control the privacy policies of third parties, you are subject to the privacy policies of that third party. We encourage you to ask questions before you disclose your personal information to others.

Policy Changes

This privacy policy is subject to change without notice.If you are in disagreement with any changes to our privacy policy you must promptly terminate your membership of our site and/or all usage of our online services.

Contact Us Now

Intelligent Performance

P

(07) 3272 4922

F

(07) 3272 4955

E

Contact Us Now!

Send To A Friend

Use the link below to send this page to a friend!

Send Now!

Newsletter Signup

Sign up for our free monthly newsletter!

Sign Up

Free Resources

Register now to gain access to a range of free resources to help you as an individual, your team, or even your organisation!

Register Now!

Testimonials

“Our results were outstanding and had a direct relationship to the On-line Services Strategic Roadmap that was delivered...” read more...

Todd Hunt, Main Roads


“Mark was very in tune with the best approach to suit the culture of the organisation...” read more...

Craig Miles, Arcology


“I recommend considering Mark to help you grow your own capability or the capability of the people in your business...” read more...

Craig MacDonald, Suncorp


“The attendees at the presentation found it to be right on point...” read more...

Peter Ellender, CEO, Carter Newell Lawyers


“Mark is an excellent facilitator and business coach...” read more...

Gerard Reiter, Powerlink


Read More Testimonials