Terms Of Use Of Forums And Other Interactive Areas

1. Who we are and how to contact us

www.thecultureequation.com.au is a Site (Site) operated by The Culture Equation Pty Ltd (ACN 631 803 159) (we, us and our).

To contact us, please email [email protected] OR +61 47 8472599.

Our Site may contain forums or links to third party forums where you or other third parties post reviews or other content, message, materials or other items.

These areas are interactive, and we hope to engender a strong and vibrant community where people can share their experiences and learn from one another is a co-operative and respective way (Interactive Areas), but we have a few rules that must be followed to participate in these Interactive Areas.

Those rules are set out below.

2. By using these Interactive Areas, you accept these terms

By using the Interactive Areas, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use the Interactive Areas.

3. We may make changes to these terms

These terms are recent as of 18 October 2021.

We amend these terms from time to time. Every time you wish to use the Interactive Areas, please check these terms to ensure that you understand the terms that apply at that time.

4. We may make changes to our Interactive Areas

We may update and change our Interactive Areas from time to time to reflect changes to our users’ needs, changes in law and our business priorities.  We will try to give you reasonable notice of any major changes.

5. We may suspend or withdraw our Interactive Areas

Our Interactive Areas are made available to you as part of our service offerings.

We do not guarantee that our Interactive Areas, included those facilitated through third party software providers (Providers), or any content on it, will always be available, uninterrupted or be error-free.

We may suspend or withdraw or restrict the availability of all or any part of our Interactive Areas for business and operational reasons.  We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Interactive Areas through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6. Eligibility to use our Interactive Areas

Our Interactive Areas are primarily directed to users who reside in and use these Interactive Areas within Australia. We do not represent that content available on or through our Interactive Areas are appropriate for use or available in other locations, unless we say, that, that is the case.

If you access our Interactive Areas from outside Australia, you are responsible for compliance with laws applicable to your accessing the Interactive Areas from your location.

For information about the treatment of user’s personal information, please also consider our Privacy Policy, a copy of which can be found on our Site.

7. You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

8. How you may use material on our Interactive Areas

We are the owner or the licensee of all intellectual property rights in our published materials that we post in the Interactive Areas, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Interactive Areas for your personal use and you may draw the attention of others to content posted on our Interactive Areas.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Interactive Areas must always be acknowledged.

You must not use any part of the content on our Interactive Areas for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Interactive Areas in breach of these terms of use, your right to use our Interactive Areas will cease immediately.

If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Interactive Areas.

9. Do not rely on information on this Interactive Areas

The Interactive Areas are provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Interactive Areas.

The content that we post or publish in our Interactive Areas are provided for general information only. It is not intended to amount to advice on which you should rely.

Although, we make reasonable efforts to moderate, monitor and update the information on our Interactive Areas, we make no representations, warranties or guarantees, whether express or implied, that the content on our Interactive Areas that is posted or published by you, or any third parties is accurate, complete, up-to-date or does not breach the content standards in clause 12.

10. We are not responsible for third party websites or interactive areas and platforms

Where our Site contains links to other websites (including banner advertisements and sponsored links), the links are provided for your information only.  Any links should not be interpreted as approval by us unless we have made that clear to you.

Where you access platforms and resources provided by Providers as part of the Interactive Areas, you agree that we have no control over that content or those resources, and you access those entirely at your own risk and subject to the terms and conditions of use of those Providers.

Please familiarise yourselves with such terms and conditions prior to use.  If you do not agree, please do not participate in the Interactive Areas.

11. User-generated content

The Interactive Areas will include information and materials uploaded by other users of those Interactive Areas, including to comment threads. This information and these materials have not been verified or approved by us prior to their publication to those Areas.  The views expressed by other users on our Interactive Areas do not represent our views or values.

This Interactive Areas may contain comment threads, personal web pages or profiles, weekly wins, community asks, retros and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (post) content or materials (collectively, User Contributions) on or through the Interactive Areas.

All User Contributions must comply with the content standards set out in 12 of these terms.

Any User Contribution you post to the Interactive Areas will be considered non-confidential, non-proprietary and does not contain personal information. You retain all of your ownership rights in your content, however by providing any User Contribution on the Interactive Areas, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose without compensation.  Some Providers also require that you provide them with a licence to any submissions posted on or through their platforms according to their terms and conditions.

Please carefully consider the terms and conditions of those Providers prior to use to see that you agree those terms as they relate to your intellectual property rights.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Interactive Areas constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Interactive Areas if, in our opinion, your post does not comply with the content standards in 12 or any other terms here.

You are solely responsible for securing and backing up your content.

You represent and warrant to us that:

  • You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these terms.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
  • We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Interactive Areas.

We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion.

If you wish to complain about information and materials uploaded by other users please contact us on [email protected].

12. Content standards for Interactive Areas

It is of the utmost importance to us that each user of the Interactive Areas feels safe, confident and respected in those Areas and that is why we do not tolerate the following.

The content standards in this clause 12 apply to any and all User Contributions.

User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:

  • contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • contain any material which results in a breach of your obligations to a third party, employer or otherwise, including for breach of confidentiality or any other employment term, for example, commercial in confidence material, or any other sensitive information or trade secret of your employer;
  • infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms;
  • be likely to deceive any person;
  • promote any illegal activity, or advocate, promote or assist any unlawful act;
  • cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;
  • involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
  • give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Whenever you make use of a feature that allows you to upload content to our Interactive Areas, or to make contact with other users of our Interactive Areas, you must comply with the content standards in this clause 12.

You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them (which may include your user profile, information, such as name, email address, IP addressing and traffic information, usage history and posted content).  In the event of such a breach, your right to use our Interactive Areas will cease immediately.

13. Responsibilities

In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Interactive Areas, including those of Providers, any websites or other interactive areas linked to it, any content on our Interactive Areas or such other websites or any services or items obtained through our Interactive Areas or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Interactive Areas, including, but not limited to, your User Contributions, your use of any information obtained from the Interactive Areas and any use of the Interactive Area’s content, services and products other than as expressly authorised in these terms.

14. We are not responsible for viruses

We do not guarantee that our Interactive Areas or Providers will be secure or free from bugs or viruses or any other type of malicious code or software.

You are responsible for configuring your technology to access our Interactive Areas and Providers. We recommend that you should use your own antivirus software.

15. Australian law applies to disputes

These terms of use, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.

16. Personal information

While we do not recommend that you provide your personal information (or sensitive personal information) as part of your interactions in the Interactive Areas, where you do, any such information provided by you to us and through our Interactive Areas will be treated in accordance with our Privacy Policy, a copy of which is on our Site.

Where those Interactive Areas use Providers, those Providers will have their own terms of use and privacy policies that will apply to your personal information.  Please familiarise yourselves with such terms and conditions concerning the Providers’ use of your personal information prior to use.  If you do not agree, please do not participate in the Interactive Areas.

17. Prohibited uses

A final matter, you may use the Interactive Areas only for lawful purposes and in accordance with these terms.

You agree not to use the Interactive Areas:

  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in 12 of these terms;
  • to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Interactive Areas, or which, as determined by us, may harm us or users of the Interactive Areas or expose them to liability.

Additionally, you agree not to:

  • use the Interactive Areas in any manner that could disable, overburden, damage, or impair the Interactive Areas or interfere with any other party’s use of the Interactive Areas, including their ability to engage in real time activities through the Interactive Areas;
  • use any robot, spider or other automatic device, process or means to access the Interactive Areas for any purpose, including monitoring or copying any of the material on the Interactive Areas;
  • use any manual process to monitor or copy any of the material on the Interactive Areas or for any other unauthorised purpose without our prior written consent;
  • use any automatic or manual process to reverse engineer or decompile any part of the Interactive Areas;
  • use any device, software or routine that interferes with the proper working of the Interactive Areas;
  • introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
  • attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Interactive Areas, the server on which the Interactive Areas is stored, or any server, computer or database connected to the Interactive Areas;
  • attack the Interactive Areas via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Interactive Areas.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Interactive Areas will cease immediately.