This agreement applies as between you, the User of this Website and Art of Mentoring, the owner(s) of this Website.
This document contains the terms and conditions that governs your access to and use of the Art of Mentoring® Academy Website. By using the Website, you agree to terms set out in this document.
We reserve the right to amend this Terms of Acceptable Use policy at any time by posting the amended terms on the Website. If we make material changes to this Terms of Acceptable Use policy, we will notify you so that you can access and review the changes. By continuing to use the Website after notice of changes has been sent to you or published on the Website, you are deemed to have consented to the changes.
The license granted to you is a non-exclusive, non-transferable, non-sub licensable license to access and use the Website. All rights not expressly granted to you are reserved and retained by Art of Mentoring Pty Ltd (AoM).
You grant us a non-exclusive, non-transferable license to use Your Content, as defined in Clause 7 below, solely in connection with our provision of the Services.
- Your use of the Platform is for personal and non-commercial use. You will not:
- use the Website or the Services for marketing, commercial or revenue-generating activities;
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website, except as expressly permitted in Clause 5 below;
- circumvent or bypass any technological protection or security measures relating to the Website or use of the Services;
- publish, copy, rent, lease, lend or create any derivate works from or of the Intellectual Property, except as expressly permitted in Clause 5 below;
- use or register, seek to use or register, any trademark the same or similar to ART OF MENTORING and or the FLYING DUCK Logo;
- use the Website in any unauthorized way that could interfere with anyone else’s use of the Website or that could disable, overburden or impair the proper working of the Website;
- upload viruses or other malicious code to the Website;
- solicit login information or access an account belonging to someone else;
- post content that is discriminatory, malicious, misleading or unlawful, including but not limited to any content that is or contains hate speech, is threatening, pornographic or incites violence.
You are permitted
to copy and print solely for your own personal use downloadable .pdf, .docx,
.doc, .ppt, .pptx, .jpg and .zip documents contained in the Website. Permission
to copy, print and distribute under this Clause 5 is granted, provided that (1)
the following copyright notice: "© Art of Mentoring Holdings Pty
Ltd" appears on all copies, and (2) no modifications of any documents are
Website prompts or requires to you modify, amend, input or submit
information or materials; and
document is provided as an editable template for you to modify, amend,
input and submit information and materials; and
such modification, amendment, input or submission does not infringe,
impair, assign, transfer or dilute the Intellectual Property of AoM and,
should the same occur, you hereby agree to amend or remove such
modification, amendment, input or submission as requested by and in the
sole discretion of AoM.
rights contained in this Clause 5, do not include the copying or
re-transmitting of the layout of the Website. Elements of the Website are
protected by trade dress, trademark, unfair competition, and other laws
and may not be copied or imitated in whole or in part. No logo, graphic,
sound or image from the Website may be copied or retransmitted unless
expressly permitted by AoM or applicable law.
No other right to copy, print, download, distribute or transmit products
or services obtained from the Website or the Services is granted to you or your
Users except as provided in this Clause 5.
To maintain the
security of your account, we require that you:
not provide false information or create an account for anyone other than
create one personal account
your contact information accurate and up-to-date.
not share your password or allow any else to access your account or do
anything that might jeopardize the security of your account.
you select a username or similar identifier for your account, we reserve
the right to remove or reclaim it if we believe it is appropriate.
You are able to upload (or have us upload on your behalf) text, images and data. All such content that is uploaded by you or provided to us by you is deemed “Your Content.” You are solely responsible for all of Your Content. You represent and warrant that Your Content will not violate any law or constitute an infringement or other violation of any intellectual property right or non-disclosure right of a third party. You will indemnify and defend us, and our directors, officers and employees from and against all taxes, losses, damages, liabilities, costs, and expenses, including attorneys’ fees and other legal expenses (“Claims”), incurred by us in connection with any actual or threatened third-party claim arising directly or indirectly from our use of Your Content as provided in this Agreement.
The Website functions to connect other users in a virtual information place. As a facilitator, AoM is not directly involved in the actual interactions between the users of the Website. As a result, AoM has no control over the truth, accuracy, quality or legality of any information or Content posted by any users. AoM shall bear no responsibility in confirming or verifying the qualifications, background or ability of users.
This Agreement may be immediately terminated by AoM in the event:
• You breach this Agreement or any policy;
• We believe that your actions may cause legal liability for us or a third party;
• Your conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of AoM and/or the Platform, Services or Website;
• Your conduct poses a security risk to the Platform, Services or Website;
• We suspect that you have engaged in fraudulent or deceptive activity in connection with the Services.
Without limiting other remedies available, we may, in our sole discretion, immediately issue a warning, suspend, indefinitely suspend or terminate your license and/or prevent you from access to the Website. To protect the integrity of the Platform, AoM reserves the right at any time in its sole discretion to block you from accessing the Website and/or the Services
Upon termination of this Agreement, you shall discontinue your use of the Platform and shall cease all use of the Intellectual Property.
Termination of this Agreement by us shall not restrict us from pursuing any other remedies available to us, including injunctive relief. The following provisions of this Agreement shall survive its termination: Clause 4, 7, 10, 11, 12 and 13.
Subject to any
intellectual property rights in respect of Your Content, all Intellectual
Property in the Website and Services is owned by Art of Mentoring Holdings Pty
Ltd (ABN 23 620 127 326) (AoM Holdings). AoM Holdings retains all title to, and
except as expressly licensed herein, all rights to the Services, including,
without limitation, all copies, derivatives and improvements in respect of the
Services and all related documentation and materials.
You will not take
any action that would impair, denigrate, convey ownership in or damage AoM
Holdings’ Intellectual Property.
The Platform is provided “AS IS” and “AS AVAILABLE”, to the extent permitted by law, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of our Services. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, 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 on the Website, and the operation of our Website may be interfered with by numerous factors outside our control.
AOM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PLATFORM, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AOM DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE PLATFORM. IN NO EVENT SHALL AOM BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM.
AOM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR IN RELATION TO THE INTERACTION BETWEEN MENTOR AND MENTEE USERS ON THE PLATFORM, THE TRUTH, ACCURACY, QUALITY OR LEGALITY OF ANY INFORMATION OR CONTENT POSTED BY ANY USER, AND THE QUALIFICATIONS, BACKGROUND OR ABILITY OF ANY USER.
You agree to indemnify and hold AoM harmless for any claim or demand arising out of any Content you submit, post or transmit or otherwise make available through the Website.
Neither party shall be liable for any consequential or indirect loss or damages, including, loss of contract, loss of profit or revenue, contractual claims of third parties, economic loss, loss of production, business interruption, loss of data and production stoppage.
The limitation and exclusion of liability in this Clause 13 applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
The Platform may contain links to the websites of third parties. The linked sites are not under the control of AoM and AoM is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. AoM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AoM of the site.
Our Website lists subscription plans and other products and services for sale (the Products). Our shopping pages will guide you through the steps you need to place an order for a Product with us.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
We will confirm our acceptance to you by sending you an e-mail that confirms that the order has been accepted and the Products have been dispatched (“Dispatch Confirmation”). The Contract between us for the Products will only be formed when we send you the Dispatch Confirmation.
We may at our complete discretion choose to reject any order you place. If we choose not to accept an order for a Product (e.g. because that Product is not in stock, no longer available, because we cannot meet your requested delivery date, due to an error in the price on our site or for any other reason), we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible. We as the seller will have no further liability to the buyer in relation to the rejected part of that order.
All orders are subject to the availability of products. We may revise our range of products or the specification of any product at any time and without notice to you.
We are entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to our administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to you. We will notify you promptly of any error or omission we discover, and give you the option of returning the goods for a full refund.
When you order Products from us, the Terms and Conditions in force at the time of your order will apply to the Contract between you and us. If we have to revise our Terms and Conditions as they apply to an existing order from you, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel the Contract either in respect to all the affected Products you have ordered or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Once we have confirmed acceptance of your order, we will contact you with an estimated delivery date. Delivery of an Order will be deemed to be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
We will endeavour to dispatch your order within the time frame specified in relation to a particular product. If we are unable to dispatch your order within the time frame specified, we will endeavour to contact and advise you of the expected dispatch date. Any quotations of delivery times by us are made in good faith but are estimates and we shall not be bound by such estimates and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
We reserve the right to dispatch your order in one delivery or by instalments. Failure to deliver any instalment shall not entitle you to repudiate the contract as to any instalments already delivered. You may cancel any undelivered instalments up until the instalment is confirmed.
You own the Products only once we have received payment in full, including all applicable delivery charges.
Our liability for shortages in the quantity of goods delivered is limited to making up the shortages. Where you believe that there is a shortage in the quantity of products delivered, you must notify us of any such claim within 7 days of delivery and must provide us with a reasonable opportunity to investigate that claim.
We will ensure that Products leaving our premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner. Within 7 days of receipt of consignment you must ensure that all goods received are in good order and condition. No damage claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by us, details of any claim should be advised to us.
Any attempt by you to vary or cancel any order you have placed with us will have no effect unless accepted in writing by us. Where we accept your requested cancellation, (at our sole discretion, we may levy a handling charge of up to 15% of the otherwise applicable purchase price).
If you cannot attend a scheduled event for which you have paid, you may have access to the recording, if participants have given consent for the event to be recorded. No refunds are offered in the event of your unavailability to attend.
Your Premium membership will automatically renew after 12 months unless you cancel the subscription prior to the anniversary date. Guest membership will expire after 3 months, after which you may upgrade to Premium membership if you desire.
This Agreement 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 Agreement 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.
Other than in connection with seeking equitable relief to enforce rights involving confidential information or Intellectual Property, the parties agree that any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
AoM may assign, transfer or otherwise dispose of its rights and obligations under this Agreement, in whole or in part, at any time. You may not assign this contract or transfer any rights hereunder.
No failure to pursue any remedy resulting from a breach of this Agreement 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.
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.
The obligations contained in Clauses 8, 12, 13 and 16 shall continue in force notwithstanding the termination of this Agreement.
Nothing in this Agreement or the provision of the Platform, Website or Services establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties.
This Agreement and any schedules, addenda or order forms accepted hereunder constitute one and the same legally binding instrument and the entire agreement between the parties and supersede all prior oral or written agreements between the parties with respect to the matters provided for herein.
AoM refers to Art
of Mentoring Pty Ltd (ABN 31 620 225 372) trading as “Art of Mentoring” with an
address at Level 5, 115 Pitt Street, Sydney NSW 2000
Content is content
that is uploaded by you as defined in Clause 7 above.
names, brand names, trade symbols, logos, slogans, trademarks, domain
names, company names, service marks, images, articles, training courses,
events, 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;
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
profile questions, survey questions, participant and group participant
search and matching functions; communication tools and computing
utilities, including reminders, invitations, scheduling and customized
email tools; reporting and data analysis; database management functions;
and integrated mentor training tools and computing utilities.
Website refers to
the Services provided on the Website by AoM
Services refers to
the software services, and associated training services, training materials,
documents, forms, surveys, questionnaires, images, databases, sound recordings,
videos, events and information provided by AoM for the purposes of establishing
and operating the Academy for the end-users on the Website
us or our refers to AoM
Website refers to the
Academy website at www.artofmentoringacademy.com and any other website (the
Website) owned and controlled by AoM .
In this Agreement
unless the context otherwise requires:
and sub-clause headings are for reference purposes only;
singular includes the plural and vice versa;
to a person includes any other entity recognized by law and vice
a word or phrase is defined, its other grammatical forms have a
reference to any agreement or document includes that agreement or document
as amended at any time;
use of the word “includes” or “including” is not to be taken as limiting
the meaning of the words preceding it;
expression at any time includes reference to past, present and future time
and the performance of any action from time to time;
as otherwise provided in this agreement, an agreement, representation,
indemnity, warranty on the part of two or more persons binds them jointly
and severally; and
to a statute includes all regulations and amendments to that statute and
any statute passed in substitution for that statute or incorporating any
of its provisions to the extent that they are incorporated.