Last updated: September 30, 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the / website (the "Service") operated by OrgDev Institute Pty Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
While individual tools can be purchased, this agreement refers to the subscription services, where the minimum subscription is for a 12-month period. Subscriptions may be paid for 12-month upfront, or on a monthly billing cycle. You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are for a minimum of 12-months. The minimum financial commitment is for 12 x the monthly subscription amount at the subscription level based on your organisation size.
At the end of each 12-month subscription period, your Subscription will automatically renew under the exact same conditions unless you cancel it or OrgDev Institute Pty Ltd cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting OrgDev Institute Pty Ltd customer support team.
A valid payment method, including direct debit, credit card or PayPal, is required to process the payment for your Subscription. You shall provide OrgDev Institute Pty Ltd with accurate and complete billing information including full name, address, state, postal/zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize OrgDev Institute Pty Ltd to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, OrgDev Institute Pty Ltd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the remaining annual subscription fee as indicated on the invoice.
If you choose to cancel your subscription or stop paying for your subscription, you ability to access training materials will be discontinued, and your ability to generate any new reports or tools of any kind will be discontinued. You will have read access (retain the ability to download) any report that had been generated by users while your account was paid in full and active. This read only access will remain for 12-months after the conclusion of your subscription unless an extension or early termination of your account is requested by you in writing before the end of the 12-month access period.
OrgDev Institute Pty Ltd may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do not enter your billing information after signing up for the Free Trial, you will have 7 days (unless otherwise stated) to complete payment for 1 full billing cycle to have continued access to your account and tools and resources accessed through your account. If you have already entered a valid payment method, on or before the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, OrgDev Institute Pty Ltd reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
OrgDev Institute Pty Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Annual Subscription . OrgDev Institute Pty Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by OrgDev Institute Pty Ltd on a case-by-case basis and granted in sole discretion of OrgDev Institute Pty Ltd. Failure to use the service will never constitute grounds for refund.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and its original content, features and functionality are and will remain the exclusive property of OrgDev Institute Pty Ltd and its licensors, contributors and research and development partners. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of OrgDev Institute Pty Ltd licensors. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
Our Service may contain links to third-party web sites or services that are not owned or controlled by OrgDev Institute Pty Ltd.
OrgDev Institute Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that OrgDev Institute Pty Ltd licensors, contributors and research and development partners shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Most commonly a termination or suspension would be for the misuse, irresponsible use of any materials, information or tools in ways other than intended, including a breach of a user’s privacy or in any way that could be perceived as discriminatory, prejudice, inflammatory, damaging or illegal in any jurisdiction.
In contrast to ending of subscription (in which case former subscribers will maintain read access to user-generated reports for12-months) Upon termination, your right to use or access the Service in any way will immediately cease. If you wish to end your subscription or stop using the service, you may simply discontinue using the Service or cancel your subscription, see subscriptions above.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
You agree that we shall not be liable for any damages suffered as a result of using the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage. You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
OrgDev Institute Pty Ltd its subsidiaries, affiliates, licensors, contributors and research and development partners and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
The use of training materials accessed via this site, in any form, and including any subsequent updates, is licensed by Professional Development Training Pty Ltd. to the Subscriber for exclusive use for training purposes only. The Subscriber may be an individual, a partnership, an incorporated business, or similar legal entity. Professional Development Training Pty Ltd retains full and complete title to all training materials under the protection of international copyright, Trademark and intellectual property laws.
This agreement authorizes the subscriber with non-exclusive rights to use the training materials for educational purposes of the subscribing organisations employees, or in the case of consultants and affiliates their direct employees and the employees of their clients.
Under this license agreement, the subscriber may customize the training materials for educational purposes. This also includes localization and translation for training purposes.
This license agreement specially PROHIBITS the reselling of any of the training materials, in part or whole, and including any and all derivative works.
This license agreement is solely between The Org Dev Institute Pty Ltd and the Subscriber. This license agreement is non-transferable.
The OrgDev Institute Pty Ltd, its Directors, employees, contributors and research and development partners shall not be held liable for any direct or indirect damages resulting from the use of any training materials. By agreeing to this license agreement, the Purchaser agrees to indemnify, defend, and hold harmless OrgDev Institute Pty Ltd, its Directors, employees, contributors and research and development partners against all claims.
Any controversy in relation to the terms of this license agreement shall be governed and interpreted in accordance with the law of the State of New South Wales, Australia. If any conditions or terms of purchase conflict with those in this agreement, then the terms in the agreement, in part, or in its entirety, shall be used.
Subscribers may not have material made available and/or accessible on-line or any public forum, without protecting access with a confidential user name and password.
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY OF THE PRODUCTS OR SERVICES OFFERED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, OR WITH RESPECT TO THE ACCURACY, COMPLETENESS, OPERABILITY, OR USEFULNESS OF ASSESSMENTS OR THE RESULTS THEREOF.
The information and data provided by the website reachecosystem.com, The OrgDev Institute is not in any way designed to replace the advice of a physician or other medical professional. The assessments and their related results provided by The OrgDev Institute do not represent medical, diagnostic, or psychiatric evaluations of any kind. The OrgDev Institute makes no warranty as to the accuracy, completeness, usefulness, value, or fairness of the tests, nor does the OrgDev Institute guarantee against errors, failed links, omissions, or lost data on the website.
Assessment results are intended to provide general information that may be helpful in professional, team, and organisational development applications. You assume full responsibility, and The OrgDev Institute its members, advisory panel, and affiliates shall not be liable for, (i) your use and application of assessment, (ii) the adequacy, accuracy, interpretation or usefulness of the assessments, and (iii) the results or information developed from your use or application of the assessments.
You are encouraged to seek qualified legal counsel regarding the use and application of assessments for any employment-related purpose. You are advised that there are federal, state, and local regulations that may cover the use of assessments and it is your responsibility to consider and comply with these regulations.
You waive any claim or rights of recourse on account of claims against OrgDev Institute Pty Ltd, its Directors, employees, contributors and research and development partners either in your own right or on account of claims against OrgDev Institute Pty Ltd, its Directors, employees, contributors and research and development partners its members, or its advisory panel by third parties. You shall indemnify and hold OrgDev Institute Pty Ltd, its Directors, employees, contributors and research and development partners its members, and its advisory panel harmless against any claims, liabilities, demands or suits of third parties.
The foregoing waiver and indemnity shall apply to any claims, rights of recourse, liability, demand or suit for personal injury, property damage, or any other damage, loss or liability, directly or indirectly arising out of, resulting from or in any way connected with the assessments offered by hold The OrgDev Institute or the use, application, adequacy, accuracy, interpretation, usefulness, or management of the assessments, or the results or information developed from any use or application of the assessments, and whether based on contract obligation, tort liability (including negligence) or otherwise. In no event will you hold The OrgDev Institute or its members, or its advisory panel be liable for any lost profits or other consequential damages, or for any claim against you by a third party.
If you have any questions about these Terms, please contact us.