Site Policy – The Change Gym

The Change Gym, ACN 142 055 589

(“Redequip”)

IRVEY & The Website – Terms of Use

1 Terms of Use

IRVEY is an online psychometric tool which is used to measure individual and organisational change readiness. IRVEY can be accessed via the www.irvey.com. The websites www.irvey.com, www.personalchangefitnessprogram.com, and www.thechangegym.com, collectively known as the Website, are owned and operated by Redequip Pty Ltd (Redequip). Redequip reserves the right to modify any features of IRVEY and/or change the terms, conditions, notices and disclaimers contained in this document (collectively known as the ‘Terms of Use’) at any time. In these Terms of Use, the terms “you” and “your” means you the Client; and the terms “we”, “us” and “our” means Redequip. Your access to IRVEY and the Website is conditional upon your acceptance and compliance with these Terms of Use. Your use of, and/or access to, IRVEY and the Website constitutes your agreement to these Terms of Use. We may restrict, suspend, or revoke your ability to access or use IRVEY with or without prior notice, if you violate these Terms of Use. These Terms of Use are intended to apply internationally to residents located throughout the world.

2 Your Obligations

You must use the Website in a responsible manner. You are responsible for all content you upload, download or copy, distribute and display using IRVEY. You must not: (a) use IRVEY for any activities, or post or transmit any information or materials via the Website, which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes; (b) use the Website to post or transmit any materials that are obscene, offensive, blasphemous, pornographic, menacing, abusive, an invasion of privacy, defamatory, libellous, vulgar or similarly objectionable; (c) use the Website to post or transmit any material which interferes with other members or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website; (d) use the Website to post or transmit content which infringes any copyright, trade mark, patent or other intellectual property right or any moral right or to cause the unlawful distribution of copyrighted content or illegal content; (e) use the Website to send unsolicited email messages; (f) in any way tamper, hinder or modify IRVEY or Website; (g) knowingly transmit any viruses or other disabling features to the Website or via IRVEY or Website; (h) attempt any of the above acts or facilitate or assist another person to do any of the above acts.

3 Intellectual Property Notice

Copyright: All content included in IRVEY and on the Website including, but not limited to: text, design, graphics, photographs, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of or licensed by Ready For Change Pty Ltd ACN 142 055 525 (“Ready For Change”) or its suppliers and is protected by Australian and international copyright laws. The compilation of all content by IRVEY including survey answers is the exclusive property of Ready For Change and is protected by Australian and international copyright laws.

All software used on the Website, including software relating to IRVEY, is the property of Redequip or its suppliers and protected by Australian and international copyright laws.

Trade Marks: Redequip, Irvey and other Redequip graphics, logos, page headers, button icons, scripts, and service names are exclusively the trade marks or registered trade marks of Ready For Change in Australia and/or other countries. Ready For Change trademarks may not be used in connection with any product or service that is not Redequip or one of its licencees, in any manner that is likely to cause confusion among members, or in any manner that disparages or discredits Redequip.

All other trade marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Redequip.

Patents: One or more patents owned by Ready For Change may apply to IRVEY and the products and services accessible via the Website.

Licences and Submissions: The Website may offer features that allow members to communicate with others such as by way of electronic mail, text, images, photographs, audio, video, or material in any other form (collectively, “Idea Submissions”). By submitting communications or content to the Website, you agree that Idea Submissions are non-confidential for all purposes and non-proprietary. If you make any such submission, you automatically grant (without compensation or further obligation) and warrant that the owner of the information contained in your submission has expressly granted us (without compensation or further obligation) a royalty-free, perpetual, irrevocable, world-wide non- exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or information in any media or medium, or any form, format, or forum now known or developed in the future (the Specified Acts). You agree that we may sublicense our rights to the contribution or materials you provide on the Website and you warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You give us a genuine consent to deal with any moral rights that arise in the Idea Submissions for the Specified Acts and not to challenge, contest or deny the validity of this consent. We will be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions, including the right to publish on the Website or elsewhere and to use the submission, including any suggestions, ideas, etc. contained within. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. In addition, as part of this Agreement, you represent that you have read and agree to abide by the Forum Rules.

Limited Licence: Ready For Change does not grant you a licence and does not permit you to use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trademark owner. Except for content you have posted via the Services, or unless expressly permitted, you may not copy, reproduce, modify, republish, frame, distribute, transmit, publish, upload to a third party, post, enter into a database, display, perform, modify, create derivative works, transmit, the content of this Website or in any way exploit any part of the Services. You may view the Website and its contents using your web browser. In visiting the Website, you are able to save an electronic copy of the Website by means of the usual operation of your web browser only.

4 Advertising, Third Party Content and Links to Third Party Websites

The Website may contain hyperlinks and other pointers to Internet Websites operated by third parties. We do not control these linked Websites and are not responsible for the contents of any linked Website or any hyperlink contained in a linked Website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. You link to any such Website entirely at your own risk.

Some of the content provided on the Website may relate to products, services or information supplied from third parties. We are not responsible for the accuracy of third party content or the suitability or quality of these products, services or information from these third parties. You should contact the
relevant third party directly to enquire about the products, services or information provided. The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.

We may receive fees and/or commissions from the third parties for displaying their information on the Website. You acknowledge and consent to us receiving these fees.

5 No reliance on Information

All information contained on the Website, including information relating to third parties, is for information purposes only. We attempt to be as accurate as possible. However, we do not warrant that content on this Website is accurate, complete, reliable, current, or error-free.

6 Other Businesses

We may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

7 Security

We take all reasonable precautions to protect our members’ information. When you submit sensitive information via the Website, information is protected both online and off-line. When our registration asks users to enter sensitive information, that information is encrypted and is protected with Secure Socket Layer (SSL) encryption software. While on a secure page, the lock icon in the address bar of Web browsers such as Microsoft Internet Explorer, Firefox, Google Chrome and Safari becomes locked, as opposed to un-locked, or open, when you are just browsing the Website.

8 Indemnity

By using IRVEY and the Website, you agree to indemnify Redequip from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of IRVEY or the Website by you.

9 Disclaimer Some legislation such as the Australian Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your ‘Statutory Rights’). We exclude all conditions and warranties implied by custom, law or statute save for your Statutory Rights.

Save for your Statutory Rights, in respect of the Website:

(a) All material on IRVEY and the Website is provided to you without warranties of any kind, either express or implied;

(b) We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;

(c) We do not warrant that the functions contained in any material on IRVEY and the Website or your access to IRVEY and the Website will be uninterrupted or error free, that any defects will
be corrected or that IRVEY and the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;

(d) We do not warrant or make any representation regarding your access to, or the results of your access to, Irvey Tool and the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise;

(e) You solely assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information contained in IRVEY and the Website.

To the extent permitted by law, including but not limited to any act or omission on our part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, IRVEY or the Website.

You expressly acknowledge that we do not exert control over users of the Internet and are not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.

10 Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded by the Terms of Use is limited, at our option, to one or more of the following:

(a) In the case of Irvey Tool supplied by or offered by us:

(i) the replacement of IRVEY or the supply of equivalent goods;

(ii) the payment of the costs of replacing IRVEY or acquiring equivalent goods;

(iii) the payment of the costs of having IRVEY supplied.

11 Privacy

Every time you use the Website, information is collected by our service or on our behalf via services such as Google Analytics. Types of information collected include:

• The date and time of your visit to our Website and online software;

• Your IP address;

• The address of the documents you access;

• The type of browser and operating system you are using; and

• Any address of a recurring site and any other website you are about to visit.

The information that will be collected provides us with details about how the Website will be used including the frequency and duration of visits, and which web pages you have accessed on the website. We will not collect any personal information which may reveal racial or ethnic origin, political opinions, philosophical beliefs, trade union membership, sexual activity or sexual orientation.

The Website uses cookies. Cookies are pieces of information that websites send to the browser and are stored in the computer hard-drive. Cookies make using this website easier by storing information about your preferences on this Website. This allows the site to be tailored to you on any of your return visits. Cookies will not identify you personally. If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of the site.

We may utilise certain third party advertising services (e.g. organisations such as FastClick or Google) to display advertising for our advertisers. These third party services may place a cookie on your computer for the purposes of ad tracking and presentation. We do not share personally identifiable visitor information with its advertising services.

If you have any concerns or questions regarding your privacy on the Website, please contact us by telephone on +612 6677 0088 or send any questions or queries via our email address: admin@thechangegym.com.

12 Miscellaneous

We rely upon your continued observance of these Terms of Use. In the event that we suffer loss or damage or incur any costs associated with any breach of these Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

These Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning these Terms of Use.

We do not make any claims that the information contained on the Website is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of these Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

We reserve all rights not expressly granted by us under these Terms of Use. If we do not act in relation to a breach of these Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms of Use by you.

13 Termination

These Terms of Use are effective until terminated by us. We may terminate these Terms of Use and your access to IRVEY and the Website at any time without notice. In the event of termination, all restrictions imposed on you by these Terms of Use and/or disclaimers and limitations of liability set out in these Terms of Use will survive.

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