Matae by Advance Change Pty Ltd (ACN 646 264 253) (AC)

AC Terms of Use Agreement (Terms)

November 29, 2021

AC's websites (Websites) and AC's platforms, Matae, Matae Change Management Platform and Matae Change Leader (together, the Platforms) are owned and operated by AC. Your access to and use of the information on any Website and the services associated with any of the Platforms, along with our Privacy Policy and other notices on any Website and/or any Platform, are in each case governed by and subject to these Terms and all applicable laws. The Websites and the Platforms are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of any Website or any Platform constitutes your agreement to all such terms, conditions, and notices.

A. Modification of these Terms of Use

AC reserves the right to update or change the terms, conditions, and notices at any time without notice to you by publishing the new terms or conditions on the Websites. By continuing to use any Website or any Platform you confirm that you have read and accept the Terms as they apply from time to time. If you do not accept these Terms, you must immediately refrain from accessing or using any Website or any Platform.

B. Links to Third Party Sites

The Websites and/or Platforms may contain links to other websites (Linked Sites). The Linked Sites are not under the control of AC and AC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AC is not responsible for webcasting or any other form of transmission received from any Linked Site. AC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or approval by AC of the site or any association with its operators.

AC makes no representations or warranties about the truth, accuracy, completeness, security or currency of the content or information contained on any Linked Site, including the competence, character or identity of any third party listed or identified on any Website or any Platform. You access Linked Sites at your own risk.

Further, AC has no control over Linked Sites and will not accept any responsibility or liability for any injury, loss or damage of any nature whatsoever suffered by you arising from or caused by any Linked Sites. If you choose to leave any Website or any Platform via links to other unaffiliated sites or any Linked Site, including those of advertisers, AC is not responsible for the privacy practices of those sites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.

C. No Unlawful or Prohibited Use

As a condition of your use of any Website and/or any Platform, you represent and warrant to AC that you will not use any Website and/or any Platform (as applicable) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use any Website or any Platform in any manner which could damage, disable, overburden, or impair any Website or any Platform (as applicable) or any of AC's source code or other intellectual property or interfere with any other party’s use and enjoyment of any Website or any Platform (as applicable). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through any Website or any Platform.

You may not modify or copy the layout or appearance of any Website or any Platform nor any computer software or code contained in any Website or any Platform, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to any Website or any Platform.

D. Protection

Given the nature of the internet, AC cannot guarantee that any data transmission is totally secure, free from viruses, malicious computer code, fault or other conditions which could damage or interfere with your computer systems. It is your responsibility to ensure that you have sufficient protections in place to protect your computer and systems and to scan any materials from any Website and/or any Platform for viruses or other defects or corruptions that may cause damage to or interfere with your computer or systems. AC does not warrant that its Websites and/or Platforms are free from viruses, defects or other corruptions and accepts no liability of any nature whatsoever that may arise as a result of or in connection with your use, directly or indirectly, of any Website and/or any Platform. AC will also not be liable and accepts no responsibility or liability of any nature whatsoever for any interruption to your access to any Website and/or any Platform.

AC does not warrant and cannot ensure the security of any content or information you transmit via any Website or any Platform. You therefore transmit content or information to any Website or any Platform at your own risk. However, once AC or its third party receives your transmission, AC and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of any Website and/or any Platform, please contact us immediately.

E. Your Account

If you use any Website and/or any Platform and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you register an account on a Website or a Platform, you agree that any information you provide to us will be current, accurate and complete. We will not be liable for any injury, loss or damage of any nature whatsoever 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 or damages incurred by us or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorised use of your account and/or password(s), or other breach of security.

F. Materials Provided to AC or Posted at any AC Website

AC does not claim ownership of the materials you provide to AC (including feedback and suggestions) or post, upload, input or submit to any Website or any Platform or their associated services (collectively, Submissions). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AC, its affiliated companies and necessary sublicensees a royalty-free licence to use your Submission in connection with the operation of their businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission. AC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in AC's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

G. Suspension/Termination

AC may suspend or terminate your access to and use of any Website and/or any Platform at any time without giving any explanation or justification. AC has no liability for any costs, losses or damages of any nature whatsoever arising as a consequence of suspending or terminating access to and use of any Website and/or any Platform.

H. Copyright and Trademark Notices

Unless otherwise indicated, AC is the owner of the copyright of the Websites, the Platforms and all content contained on them. This includes all written and other material, illustrations, designs, photographs, video clips, icons, images of people, places and/or products posted on any Website and/or any Platform. You may use the Websites and Platforms for personal use only and must not use it for commercial purposes without first obtaining the prior consent of AC. You are not authorised to and must not adapt, distribute, print, transmit, reproduce, modify, display, perform or publish any part of any Website, any Platform and/or the content contained on them without the express written permission of AC.

The Websites and the Platforms are the exclusive property of AC and are protected by Australian and international copyright laws. Any unauthorised use of any content or materials contained on any Website and/or any Platform is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes.

You may not modify or copy the layout or appearance of any Website or any Platform nor any computer software or code contained in any Website or any Platform, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to any Website or any Platform.

I. Trademarks

Any Website and/or any Platform may contain registered trademarks owned by AC and may also contain trademarks owned by other parties. You are not authorised to copy, imitate or use these trademarks (in whole or in part) without the express written permission of AC or the relevant other party.

You agree that all the materials displayed on or available through any Website and/or any Platform, including without limitation any and all names, design, text, logos, data, information, graphics, underlying software, displayed on or available from any Website and/or any Platform are protected by copyright, trademark and other intellectual property laws and are available for your personal use only.

J. Cookies

Our Websites contains cookies. A cookie is a small text file that is sent back to your computer’s hard drive from a host website. They record your preferences in relation to your use of a site and provide us with other information about your inquiry that allows us to recognise you in the future. Cookies may be used on any Website to gather data in relation to any Website and you consent to this (although you may be able to disable cookies on your web browser). The cookies on any Website do not read the information on your hard drive. They do not make your computer perform any actions or make your computer send information to any other computer via the internet.

K. Privacy

We have adopted a Privacy Policy and you should refer to it to fully understand how we collect and use your information. The Privacy Policy explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).

L. Applicable Law

Although the Websites and the Platforms may potentially be accessed worldwide, content is only intended for residents in Australia. By accessing, browsing or using any Website and/or any Platform, you agree that these Terms shall be governed by and construed in accordance with the laws of Western Australia, Australia.