Terms of Use

Please read these Terms of Use carefully because they govern the access and use of the Cullaborate Website.

BY USING OUR WEBSITE YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE. IF FOR ANY REASON YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DISCONTINUE YOUR USE OF THE WEBSITE.

The term ‘Cullaborate’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Level 1, 286 Park Street, South Melbourne, VIC Australia 3205. Our company Australian Business number is 98 409 164 437 Melbourne, Australia. The term ‘you’ refers to the user or viewer of our website.

Definitions

“We”, “us” and “our” mean Cullaborate. We may refer to you or any person that uses our Website as “you” or “your” or a “user.” When we use the term “Website” we mean all the individual URL(s) or Internet address locations, sites and pages within the cullaborate.com.au and materials provided within our Web sites, including without limitation, our applications, content, information, graphCullaborate, multimedia materials, code, logos, service and trademarks, designs, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions, tools and services in, on or associated with our Website.

These Terms of Use include our Privacy Policy and any other terms we disclose or notify you of when you use or attempt to use our Website (“Additional Terms”), all of which are incorporated by reference and form a part of our Terms of Use for all purposes.

License

Except as otherwise specifically permitted you may use our Website only for personal, non-commercial purposes. Under no circumstances may you use the Website in a manner that exceeds the rights granted for your use. Unless otherwise specifically provided, you may not use any data mining, robots, or similar data gathering and extraction tools on the Website, frame any portion of the Website, scrape our Website or databases, or reproduce, reprint, redistribute, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sub-license, assign, transfer, sell, loan, or otherwise distribute the Website (or any portion) without our prior written consent.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. Some of the content is for coaching purposes only and is general in nature. You are responsible for your own results.

Proprietary Rights

You acknowledge and agree that the Website is and shall remain the exclusive property of Cullaborate. All rights are reserved. Collaborate owns the copyright in the contents of the Website as a collective work and/or compilation in the selection, coordination, and arrangement of the Website. Collaborate and all other names, logos, and icons identifying the Cullaborate and its services are proprietary trademarks of Collaborate, and any use of such marks without the express written permission of the Collaborate is prohibited.

Third Party Content and Links

Certain areas of this site include content provided or posted by third parties or links to third party sites (including through embedded plug-ins to social media sites). Collaborate is not responsible for content, statements, or representations of any third parties, or for their products, services, terms of use or privacy practices.  If you have questions about how those websites collect and use data, you should carefully read those sites’ privacy policies.

The content of the pages of this website is for your general information and use only. It is subject to change without notice. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information.  We have no responsibility and do not endorse the content of the linked website(s).

This website uses cookies to monitor browsing preferences and may be used to serve advertising material to you. See our Privacy Terms for further information on our data collection policy.

No Warranty

The information, services, programs, products, software and materials available on or through this site are provided ‘as is’, ‘with all faults’, ‘as available’ and without any warranty of any kind, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. We exclude any express or implied warranties, including that the site or any content, service, or feature including the Collaborate opt-out page, is free of defects, virus free, able to operation on an uninterrupted basis, or will be corrected. Cullaborate does not warrant that the site or any internet browser or platform is supported by the Cullaborate opt-out page. Further Cullaborate does not warranty or make any representations that the site or any content, service, or feature, including the Cullaborate opt-out page or pages, will be error-free or uninterrupted, or that any defects will be corrected. Nothing in this agreement is intended to affect any applicable rights you may have under local law.

Disclaimer

THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE. Cullaborate MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS DESCRIBED ON OR AVAILABLE THROUGH THIS SITE FOR ANY PURPOSE.

We May Change Our Website and Terms of Use

We may modify all or any part of our Website, as well as our Terms of Use at any time and for any reason. The changes are effective after we post the changes or notify you. If you use our Website after the date we say the changes are effective, it means you are agreeing to be bound by the Terms of Use with all the changes we posted. You agree that we may provide to you required notices, agreements and other information concerning the Website electronically, and that these Terms of Use has the same effect as an agreement in writing. We will post a notice of material changes to our Terms of Use on our Website. We encourage you to check back here frequently so you remain aware of the current Terms of Use that apply to you.

We Have the Right to Terminate

We have the right to discontinue, suspend or terminate our Website or your use of our Website at any time, including any time we determine, in our sole judgment, your use of our Website does or may violate our Terms of Use. We may use technological, legal, operational or other means available to enforce our Terms of Use.

We have the right to terminate display of any third party content, folio items, or marketing materials at Cullaborate’ sole discretion. Any impact to payment terms will be adjusted or refunded accordingly and subject to any written agreements between any Third Party and Cullaborate.

Governing Law and Disputes

Our Terms of Use and your use of our Website shall be construed, governed by and enforced under the substantive laws of Australia. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.

Limitation of Liability

WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT YOUR USE OF THIS WEBSITE OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. WE ARE ENTITLED TO THE MAXIMUM LIMITATION PERMITTED IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS RESTRICTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU PAID TO US IN CONNECTION WITH THE SUBJECT MATTER OF THE DISPUTE.

Other Provisions

The Terms of Use constitute the entire agreement you have with us regarding the subject matter and supersedes any and all prior and/or inconsistent understandings. The un-enforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Terms of Use. You may not assign your obligations to anyone else. If we fail to enforce any portion of the Terms of Use, it shall not be considered a waiver. These Terms of Use do not confer any third party beneficiary rights.

Effective June 2017.

Our standard client terms of business will be provided as part of an approved project, approved in writing before commencement of work.

Our standard supplier terms of trading will be provided as part of an approved project, approved in writing before commencement of work.