THE CONSULTANTS’ COMMUNITY APPLICATION TERMS OF USE

The Consultants’ Community (ABN 74 610 723 563)

1. Introduction to Terms of Use

1.1.  These Terms of Use constitute a legally binding agreement (“Terms of Use”) betweenyou, the User, and The Consultants’ Community ABN 74 610 723 563 which governs the use of The Consultants’ Community Application (“CC App”).

1.2.  The Consultants’ Community App allows Users to track and analyse business and other activities.

1.3.  By accessing, downloading and using the CC App and using our Services you agree to be bound by the Terms of Use as set out below.

1.4.  If you do not accept these Terms of Use you are not authorised to use the CC App or our Services.

2. Meaning of words

In these Terms of Use:

  • CC App refers to the software application “The Consultants’ Community Application” which allows users to access the Services which is available at https://theccapp.com.au.
  • Content includes any information or data submitted by you through the CC App and Services and all information and data made available to you by us through the CC App and Services;
  • Intellectual Property means, whether registered or not, all copyright, designs and industrial designs, circuit layouts, trademarks, service marks and commercial names and designations, trade secrets, know-how confidential information, patents, invention and discoveries, literary artistic and scientific works, inventions in all fields of human endeavour, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields;
  • Notice includes a disclaimer, a disclosure or other statement, a consent and terms and conditions;
  • related body corporate has the meaning given in the Corporations Act 2001(Cth);
  • Services refer to the services provided by The Consultants’ Community via the CC App;
  • The Consultants’ Community, we, us and our refer to The Consultants’Community ABN 74 610 723 563 and any of its related bodies corporate to which it says that these Terms of Use apply;
  • User refers to any individual who uses the CC App or the Services;
  • website refers to https://theconsultantscommunity.com.au and any variation or tailored version of the website created for your use;
  • you refers to you as the User that may use the CC App and the Services; and
  • the singular includes the plural and vice versa.

3. User Liability and Warranties

3.1. When accessing and using the CC App and our Services as a User, you acknowledge and agree that:

a)  You are responsible for maintaining the security and confidentiality of any usernames and passwords used by you;

b)  You are responsible for any and all activities that occur under your User account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security;

c)  We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be held liable for losses incurred by us or by another party due to someone else using your account or password;

d)  We may block your account without notice if we believe there has been a breach of this Agreement;

e)  You may not use anyone else’s account at any time, nor assign or transfer your account to any other person without the written permission of The Consultants’Community;

f)  You must ensure that no other individual uses your account at any time;

g)  You agree to maintain and update your user information, data and password as required to keep it accurate, current, and complete;

h)  You agree that we may store and use the information and data you and your staff provide us. All personal information will be held and used in accordance with our Privacy Policy, https://theconsultantscommunity.com.au/privacy-policy/;

i)  You acknowledge and agree that we may establish general practices and limits for the use of the CC App, including without limitation, the maximum number of days that content will be retained, the maximum disk space that will be allotted on our servers on your behalf; and

j)  You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted by or via the CC App.

4. Users and Accounts

4.1.  To access and use our Services, you will have to open the CC App in a desktop browser or on a compatible mobile device and register for a new User account, by providing certain personal information, including your name, Company information, email address and hourly rate;

4.2.  You are responsible for maintaining the security and confidentiality of your user credential and password and ensuring that these details remain accurate and up-to- date. See our Privacy Policy https://theconsultantscommunity.com.au/privacy-policy/ for further information on how we will use your personal information;

4.3.  You are responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security;

4.4.  We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be held liable for losses incurred by us or another party due to someone else using your account or password;

4.5.  You may not use anyone else’s account at any time, nor assign or transfer your account to any other person;

4.6.  You agree to maintain and update your details and information, data and password as required to keep it accurate, current, and complete;

4.7.  You agree that we may store and use the information and data you provide us for use in providing you and our Users with access to our Services and maintaining your accounts;

4.8.  You acknowledge and agree that we may establish general practices and limits for the use of the CC App and Services, including without limitation:

a)  the maximum number of days that Content will be retained;

b)  the maximum disk space that will be allotted on our servers on your behalf; and

c)  the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time; and

4.9.  You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the CC App or via our Services.

5. User obligations

5.1.  You agree and warrant that you will provide us information that is true, complete and accurate.

5.2.  You must not harm or attempt to harm the CC App or its functions or Services in any way, including but not limited to:

a) removing or altering any copyright, trademark, logo or other proprietary notices or labels from any part of the CC App;

b)  modifying, adapting, encrypting, decompiling, tampering or reverse engineering all or any part of the CC App;

c)  reproducing or making derivative works based on the CC App;

d)  distributing, licensing, leasing, selling, reselling or otherwise exploiting the Services and the CC App; and

e)  attempting to gain unauthorised access to or impairing any part of the Services, App and related systems or networks.

6. License to use

6.1.  We grant you a non-exclusive licence to use the CC App and access the Services only for your personal use and solely for the purpose of tracking and analysing business and other activities .

6.2.  The licence granted under section 6.1 is for the period for which you access, download and use the CC App or until such time as these Terms of Use are terminated (whichever is the earlier).

7. Limitation of liability

7.1.  To the extent permitted by law, we exclude the application of all terms, conditions, warranties and representations express or implied by statute or otherwise.

7.2.  We will not be liable to you for any incidental, special, punitive, consequential or indirect damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the CC App or our Services.

7.3.  Neither we, nor any of our employees, agents or officers are liable to you for any direct or indirect loss or liability, or any costs, charges or expenses you incur in connection with or arising from:

a)  information published, displayed or available through the CC App or provided via our Services;

b)  our supply and your use of the CC App or our Services;

c)  any action taken, failure to act, decision made or reliance by you on the basis of the Content and the data and information in the CC App and provided through the Services;

d)  any modification, suspension or discontinuance of the CC App or our Services;

e)  any errors or delays in the Content, or for any actions you or third parties may take in reliance on it;

f)  your provision of any services or offerings to any individual or group referred by us to you via the CC App or our Services.

7.4.  This limitation applies whether your claim would otherwise arise in contract, under the law of torts (including negligence), by statute or otherwise.

7.5. Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, to the supply of our Services again.

8. Indemnity

8.1. You agree to indemnify, and hold us harmless from any claims, actions, losses or demands relating to or arising out of your use of the CC App and Services, including:

a)  any Content you submit through the CC App or Services;

b)  your use or misuse of the CC App or Services;

c)  any violation of these Terms of Use by you;

d)  any violation of third party rights, including the rights of Users by you; and

e)  any unlawful, wilful or negligent act or omission by you.

9. Disputes

9.1.  This clause 9 applies to each dispute which arises between the parties in connection with this Agreement or this clause 9 (a “Dispute”).

9.2.  Subject to clause 9.9, a party must not commence or maintain any action or proceeding in any court, tribunal or otherwise regarding a Dispute without first giving a Dispute Notice and complying with the provisions of this clause 9.

9.3.  If a party considers that a Dispute has arisen, it may notify the other party in writing, setting out in reasonable detail the facts of the matter in dispute.

9.4.  The parties must promptly hold good faith discussions after issue of a Dispute Notice to attempt to resolve the Dispute and must (without prejudice to the privilege against the production of any such information to a court) furnish to the other party all information with respect to the Dispute which is appropriate in connection with its resolution.

9.5.  If the Dispute has not been resolved within 28 days after the giving of a Dispute Notice, either party may by notice to the other party refer the Dispute to mediation administered by the Australian Commercial Disputes Centre.

9.6.  The mediation must be conducted in accordance with ACDC Mediation Guidelines.

9.7.  The costs of mediation must be shared equally between the parties.

9.8.  If the Dispute has not been resolved within 14 days after commencement of mediation, either party may pursue its rights and remedies under this agreement as it sees fit.

9.9.  Notwithstanding anything in this clause 9, a party at any time may commence court proceedings in relation to any dispute or claim arising under or in connection with this agreement where that party seeks urgent interlocutory relief.

9.10.  This clause 9 shall not apply if this Agreement has been terminated.

10. CC App Security

10.1.  We do not guarantee that information transmitted over the internet and/or through the CC App is totally secure. Therefore, when you send us information you do so at your own risk. Once we have received it, we take reasonable steps to keep the information secure while it is in our own systems but we do not guarantee that it is secure.

10.2.  Your use of the CC App and our Services is at your own risk. We do not guarantee that our software application is free from viruses, or that access to the CC App or Services will be uninterrupted. You should therefore ensure that your equipment is protected from viruses and any other interference that could damage your equipment.

11. Information about you & your privacy

11.1.  Our Privacy Policy https://theconsultantscommunity.com.au/privacy-policy/ sets out how we collect and deal with personal information generally, including our use of cookies on your device. Our Privacy Policy forms part of these Terms of Use, and if inconsistent with these Terms of Use, these Terms of Use will take precedence.

11.2.  By using the CC App you acknowledge and agree with our Privacy Policy, and consent to be added to our mailing list. Further, by accepting these Terms of Use, you consent to the collection and disclosure of your personal information including but not limited to as necessary to provide our Service to you. The use of such information includes but is not limited to the production of articles and future research.

12. Third party websites

12.1.  The Consultants’ Community App may contain links to other products and services of third parties. We do not endorse or otherwise approve the owners or operators of the third party website, or the information, graphics and material on those websites or the goods or services (including software) offered on those websites.

12.2.  To the extent permitted by law, we are not responsible or liable for, and give no warranty in respect of, any third party website, application or the goods and services (including software) offered by a third party or any information appearing in any product or service we may offer.

12.3.  We may receive payments from third parties in relation to goods or services supplied or received as a result of users and third parties accessing any links to third party applications or websites contained in the CC App or website.

12.4.  Third party applications and websites are not subject to our privacy standards so you should review the privacy policy and any other relevant notice that appears on a third party application or website.

13. Intellectual Property

13.1. You acknowledge all Content and Intellectual Property held, located within and related to the CC App and Services is the property of The Consultants’ Community and protected by Intellectual Property law. Nothing in these Terms of Use conveys or vests to you any interests or ownership in The Consultants’ Community Intellectual Property or Content.

13.2.  Other than for the purposes and subject to the conditions prescribed under theCopyright Act 1968 (Cth), you must not reproduce, upload to a third party, link to, frame, store in a retrieval system or transmit any part of it without our prior written consent.

13.3.  The CC App includes registered trademarks owned by us (or our licensors). You must not use any of these trade marks in any way without our prior written consent.

13.4.  By accessing and using the CC App and our Services, you agree not to redistribute or resell any Intellectual Property obtained from the CC App and Services, without our prior written consent.

13.5.  You agree that you will not do or cause to be done any act or thing that may impair any of The Consultants’ Community Intellectual Property rights in connection with the CC App or Services.

14. Permitted use and licence

14.1. You agree to not use the CC App or Services:

a)  for any purpose that is unlawful or prohibited by these Terms of Use;

b)  in any manner that could damage, disable, overburden, or impair our server, or the network(s) connected to our server, or interfere with any other party’s use and enjoyment of the CC App or Services;

c)  to attempt to gain unauthorised access to any service, other accounts, computer systems or networks connected to our server or services through hacking, password mining or any other means;

d)  to attempt to obtain any materials or information through any means not intentionally made available through our the CC App or Services;

e)  to transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

f)  to impersonate any person or entity;

g)  to transmit or otherwise make available any Content that you do not have a right to make available under any law or which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

h)  to transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unless expressly authorised to do so;

i)  to stalk or otherwise harass another; or

j)  to collect or store personal data about other users.

14.2. We have the right (but not the obligation) in our sole discretion to:

a)  refuse the transmission of any Content via the CC App or Services;

b)  refuse access to or use of The Consultants’ Community App or Services;

c)  move any Content that is available via the CC App or Services;

d)  to remove any Content that violates these Terms of Use or is otherwise deemed by us to be objectionable;

e)  preserve or disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property or the personal safety of our staff, other users and the public.

14.3. As a condition of your use of our the CC App and Services, you authorise us toinclude you or your organisation’s name in our published list of users.

14.4. The information in our The Consultants’ Community App, the Services and these Terms of Use have been prepared in accordance with the laws of the State of New South Wales, and the Commonwealth of Australia. The CC App and our Services may not comply with the laws of any other State or country.

15. Termination and modification of Service

15.1. We may in our sole discretion immediately suspend, terminate or limit your access to the CC App and the Services if;

a)  we deem that you are in breach of the Terms of Use or our Privacy Policy;

b)  you have not paid any fee payable under these Terms of Use on the date they are due; or

c)  we deem that your use of the CC App and Services is low and warrants termination of your access.

15.2. We will notify you of such suspension, termination or limitation by email within five (5) business days. You agree that we will not be liable to you or any third-party for any termination of your access to The Consultants’ Community App or the Services.

15.3. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the CC App and Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of our services.

16. Notice

16.1. The Consultants’ Community may give Notice under these Terms of Use by means of notice on the CC App or website, or by email.

17. Jurisdiction, Severability and Waiver

17.1.  These Terms of Use will be construed in accordance with the laws in force in the State of New South Wales, and we both agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

17.2.  If any provisions of these Terms of Use become void, voidable or unenforceable then those provisions are deemed to be severed and the remaining provisions will continue to have full force and effect.

17.3.  Any failure or delay by The Consultants’ Community in exercising any right, power or privilege available to us will not operate as a waiver of that power or right.

18. Changes to these Terms of Use

18.1.  This statement sets out our current Terms of Use. It replaces any other Terms of Use which we have previously issued.

18.2.  We may amend these Terms of Use (including the fee schedule and premium service schedule) at any time. If we do, we will publish the amended version in the CC App or on our website https://theccapp.com.au. By accepting these Terms of Use, you agree that our publishing of an amended version will be sufficient notice of any changes and that your subsequent access to, viewing, reliance on or other use of the CC App, our website and Services will constitute your acceptance of those amendments.

18.3.  We suggest you periodically review our Terms of Use for any changes.

18.4.  All information within the CC App and provided with the Services is subject to change without notice.

19. Contacting us

If you have any questions regarding these Terms of Use please contact us at info@theconsultantscommunity.com.au.