70:20:10 Forum
Terms & ConditionsCURVE

Last update: 11 May 2015

Welcome to 702010forum.com

These Terms and Conditions apply to the use of the Site, including the provision of content for publication as part of our database. By using our Site, or by registering as a licenced user, you agree to be bound by our Terms and Conditions and Privacy requirements, as changed over time. Please read these Terms and Conditions carefully, and contact us if you have any questions.

What is an ‘authorised user’?

An Authorised User is an employee of a Participating Organisation who can access our licenced Content. They have a User profile (similar to LinkedIn) that follows them throughout their career within the Participating Organisation. They can be:

  • nominated by their Participating Organisation as a single user;
  • currently employed by a Participating Organisation that has purchased Organisational Access (Enterprise); or
  • currently employed by a Participating Organisation that has purchased Organisational Access (Division), and is part of that division to which the Access relates.

What is a ‘Participating Organisation’?

A Participating Organisation is the Organisation which has purchased annual Access for Authorised User/s.

What can an ‘authorised user’ do with content?

An authorised user can use the content within their organisation only during the licence term and in accordance with these terms and conditions.

What about use with a 3rd party?

Our Content is licenced for the internal use of a Participating Organisation only and must in no event be accessed or used in any manner by individuals employed by or working for another Organisation or in the case of an Organisational Access (Division), by employees from another division of the Organisation, where such other division does not have the relevant Access.

Definitions

In these Terms and Conditions, unless expressed or implied to the contrary:

“Access” means Organisation Access (Division), Organisation Access (Enterprise) or Single User Access

“Authorised User” or “User” means an employee of a Participating Organisation who has a user licence enabling them to access Licenced Content.

Where the Participating Organisation has purchased an Organisational Licence (Enterprise): an Authorised User is any current employee of the Organisation;

Where the Participating Organisation has purchased an Organisation Licence (Division): an Authorised User is any current employee within the division of the Organisation to which the licence relates; and

Where the Participating Organisation has purchased a Single User Licence: the employee must be nominated as the sole Authorised User of the Licence.

“We”, “Us”, “Our” and “70:20:10 Forum” means the 70:20:10 Forum Pty Ltd ABN 67 158 131 938 and includes its directors, shareholders, employees, consultants, advisors and agents where we require it.

”You” means the Authorised User of the Participating Organisation, any officer, director, employee, agent or other representative of a Participating Organisation; and the Participating Organisation itself; or any one of these as the context requires.

“Business Day” means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in Melbourne, Victoria (Australia).

“Content” means information on and available through the Site, including but not limited to designs, text, words, graphics, pictures, images, applications, videos, software, downloadable documents, music, sound and other files.

“Downloadable Content” means Content on the Site that we (at our absolute discretion) allow you to download from the Site and use within your Participating Organisation in accordance with these Terms and Conditions and during the Access term only.

“Licenced Content” means Content on and available through the Site that is only accessible to Authorised Users, and requires the Authorised User to sign in under their account.

“Offering” means our advertised products, events, Access, services and activities advertised by us, or accessed via the Site.

“Organisation” means a company, incorporated entity, partnership, unincorporated association, joint venture, business, or body politic.

“Organisational Access (Division)” means a level of access that can be purchased by a division within an Organisation, which provides user licences to all of those employees within that division of the Organisation.

“Organisational Access (Enterprise)” means a level of access that can be purchased by an Organisation, which provides user licences to all of those employees of the Organisation.

“Participating Organisation” means an Organisation that has purchased a licence to gain access

“Policies” means our policies on the Site.

“Post” means commentary or other material added to the Site by an Authorised User or by us, as part of an exchange of ideas or commentary on an idea.

“Practitioner” is someone who is considering or currently implementing learning and development solutions with their Organisation.

“Primary contact” means the individual nominated by a Participating Organisation in the application for Access or otherwise as the coordinator of the purchase of Access, in accordance with these Terms and Conditions.

“Single User Access” means a level of Access that can be purchased by an Organisation, which allocates only one user licence to a named employee within that Organisation.

“Site” means the 70:20:10 Forum website at www.702010forum.com (and any successor or replacement website) and includes Users’ content.

“Terms and Conditions” means these terms and conditions as varied by us from time to time in our absolute discretion.

“User Content” is content you may post in the form of text, graphics and links to other content; and includes any submission, suggestions, ideas, comments, questions, or other information you Post.

Access

In order to be able to access Licenced Content you must become a Participating Organisation pursuant to these Terms and Conditions. To obtain a licence, you must complete the relevant registration details in the manner described on the Site and pay the appropriate licence fee.

We reserve the right to terminate your authorised use and/or your Participating Organisation’s licence at any time if you or your Participating Organisation breach these Terms and Conditions. All disclaimers and limitations of liability by 70:20:10 Forum will survive termination.

During registration, we ask you to provide certain personally identifiable information to allow us to contact you and distinguish you. This information is used to provide you access to certain areas of our Site and provide you our services and information. Further information on the type of personal information which we collect in the course of your visit to our Site and how that information will be handled is set out in full in our Privacy Policy .

Licence Access Levels

There are 2 types of Access to 70:20:10 Forum: Organisational Access, and in certain circumstances, Single User Access. Both types of Access give the authorised user/s the same access to the Site and Content.

  1. Organisational Access

    There are 2 types of Organisational Access: Organisational Access (Enterprise); and Organisational Licenced (Division)

    Organisational Access (Enterprise) provides user licences to all current employees of a Participating Organisation, which enables them to access and/or use Licenced Content.

    Organisational Access (Division) provides user licences to only those employees within the division of the Participating Organisation. Only employees from that division can access and/or use Licenced Content. Any other division within the Organisation must apply for its own licence.

  2. Single User Licenced Access allocates a user licence to a named employee within the Participating Organisation. This user licence cannot be shared with others. Only the named employee is the Authorised User. Only the named employee can access and/or use Users’ Content. Content cannot be shared with others.

For the avoidance of doubt, the right to access and/or use Licenced Content does not extend to access and/or use by a related entity of a Participating Organisation (or any of the related entity’s officers, directors, employees, agents or other representatives).

All Participating Organisations must assign an individual within their Organisation as the “Administrative Contact”. The Administrative Contact is responsible for controlling which employees within a Participating Organisation are Authorised Users, through the Organisation’s Licence Administration page on the website. The Administrative Contact ticks a box against the name of the employee that the Organisation nominates as an Authorised User, indicating that such employee is an Authorised User. The Administrative Contact must ensure that all Authorised Users as indicated as such on the Administration page are current employees of the Participating Organisation – or in the case of Organisational Access (Division), are current employees of the relevant division within the Participating Organisation. When an Authorised User as indicated on the Administration page is no longer employed by the Organisation or in the case of Organisational Access (Division), no longer employed by the relevant division of the Organisation – the Administrative Contact must untick the box against the name of the former employee within 14 days time frame.

Purchase Access

Organisational Access (Enterprise): An Organisation can purchase an Organisational Access (Enterprise) by contacting us. The licence fee is based on the number of employees within the Organisation, and this information is available on our website.

Organisational Access (Division): A division within an Organisation can purchase an Organisational Access (Division) by contacting us. The licence fee is based on the number of employees within that division of the Organisation to which the Access relates, and this information is available on our website.

Single User Access: An Organisation can purchase a Single User Access under certain circumstances for a fee by contacting us.

Because of applicable legislation, our products, licence access and services offered to Participating Organisations may be limited in certain countries. Determination of exclusion from Access is at our sole discretion. By signing up for services on the Site, you agree to be contacted by us regarding important changes to the Site relevant to your Access by email or phone. You may opt out of this at any time by contacting us or using the relevant "Unsubscribe"/ "Opt-out" functionality on material you receive

Payment Options

Access fees must be paid by credit/debit card or bank transfer only. We do not accept payment by cheque/check. For a bank transfer purchase, you will receive an Australian dollar invoice with payment terms of 14 days. By placing an order, you represent to us that you are authorised to make purchases on behalf of your Organisation.

Pricing

Access and other fees are advertised in the Australian dollar currency and exclude Australian Goods and Services Tax (GST). Pricing is subject to change.

Consolidate or Upgrade Access

If your member organisation has purchased Access for numerous authorised users or Organisational Access (Division) and seeks to consolidate the term or the Access please contact us.

Licence Term and Renewal

The 70:20:10 Forum renewable Access term is 12 months. Unless either party (i.e. we, 70:20:10 Forum, and you, the Participating Organisation) gives the other notice of non-renewal at least 30 days prior to the end of the relevant Access term, Access automatically renews for the same access level and type and term that will be equal to the length of the initial Access term. At least thirty (30) days prior to the expiration of the initial term, or any renewal term, as applicable, we will invoice the primary contact of the Participating Organisation the current renewal fee or, if authorised to do so, charge such renewal fee to your credit card . The Participating Organisation must notify us that it wishes to cancel its renewal of licence 45 days before the renewal date in order to avoid billing of licence fees for the renewal term. Any increase in the licence fee will not apply until your Access is renewed.

Cancellation and Expiry (non-renewal) of Licence

Access may be cancelled during the licence term, without refund, following written confirmation from the Participating Organisation via the Non-Renewal Confirmation Form stating that the Participating Organisation has uninstalled, removed, destroyed and discontinued the use of all content downloaded from the Site. Confirmation of this must be received by the renewal date or the Participating Organisation will be liable fees for continued Access and be invoiced accordingly. We reserve the right to refuse service, terminate accounts or cancel orders without refund and at our sole discretion.

Purchase and Commencement of Access

As soon as is practicable following receipt of the Access order and payment, we shall provide an email to you to enable you to access the Licenced Content through the Site.

Overdue Payment

We reserve the right to charge interest on all overdue balances in line with legislation relating to late payment of commercial debts. All costs, charges and expenses incurred by us in recovering any debt shall be paid by the licenced organisation.

Proprietary Rights in Site Content

All Content is the proprietary property of 70:20:10 Forum, its users or its licensors with all rights reserved.

Using the Site

Monitoring Use of the Site

We reserve the right to monitor your use of the Site to ensure compliance with these Terms and Conditions and prevent fraudulent use. Such monitoring of use may include but will not be limited to determining whether or not Licenced Content is accessed under a single account from multiple computers. If such monitoring indicates a breach of these Terms and Conditions or if fraudulent activity is suspected, we reserve the right to take such action as we deem necessary in our sole discretion, including, but not limited to, suspension or termination of Access, without refund. You acknowledge that there is no transfer of title or ownership of the Site or its Content to your Participating Organisation or you.

Posting Comments and Content

You may Post content in the form of text, graphics and links to other content; and submit suggestions, ideas, comments, questions, or other information (“User Content”), as long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of, or contain, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’. These Posts may not contain links or messages, questions, responses or other material:

  • containing any form of advertising or promotion for goods and services; that in any way is unrelated to the 70:20:10 Forum’s topics; or
  • that refers users to sites competing with the Site or 70:20:10 Forum.

You are solely responsible for the User Content that you upload, publish or display on or through the Site, or transmit to or share with other users. You must not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the User Content.

  • 70:20:10 Forum reserves the right (but not the obligation) to remove or edit any Licenced User Content without notice in its sole discretion for any reason. The parties agree that insofar as permitted by law, 70:20:10 Forum retains ownership in all Content and User Content Posted on the Site and has the final right to determine what may or may not be Posted on the Site.

Certification

You can apply to become a Certified 70:20:10 Practitioner™. Certification is a 12 month program. You will need Access during the full 12 months of the program. If your Participating Organisation’s Access does not have 12 months or more to run before expiry at the time you start the program, your Access may be terminated before you complete the program. Please check that your Participating Organisation will have Access for the full 12 months of the program. If it does not then it should either renew or extend its Access for a further 12 months.

Also you must pay the additional certification fee and submit a completed application form, before you will be able to access the Certification program.

We intend to allow interested parties to check whether an individual is undertaking or is a Certified 70:20:10 Practitioner™. By paying the certification fee you irrevocably consent to your name and the year of your certification being searchable on the website.

Details of how you can become certified can be found here

Accessibility

The Site may be accessible via a computer or mobile device, although it is not mobile optimised hence features and functionality may be limited via a mobile device. Browser Requirements (minimum): Internet Explorer 9, Firefox 3.6, Google Chrome 5, Safari 4, Opera 10.5. We suggest you use Google Chrome or Safari for the best viewing results.

Customs, Duties and Taxes

In relation to Offerings provided outside of Australia, the Participating Organisation is responsible for ensuring that any products ordered from us can be lawfully imported to the destination country and you must comply with all laws and regulations of the destination country.

If your destination country is Australia, your order may be subject to import costs such as customs duties and GST. You and the Participating Organisation are responsible for the payment of any such costs (which may be in addition to the stated purchase price). The imposition of GST (where applicable) has been determined from details contained within your order form.

If your destination is outside of Australia, during purchase you, the Participating Organisation will be asked to declare the following, or GST will be added to your invoice:

"I declare that I am not in Australia at this time and I will not be making use of this supply in Australia."

Intellectual Property

We own all intellectual property rights in the material and information published on the Site, including, but not limited to, copyright and rights in registered and unregistered trademarks.

If you, the Participating Organisation, or any of your employees Post User Content or submit material on the Site, and unless we indicate otherwise, you grant 70:20:10 Forum a non-exclusive, royalty-free, perpetual, irrevocable, transferrable, and fully sub-licencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. To the extent allowed by applicable law, you waive all moral rights in such User Content.

You and your Participating Organisation grant 70:20:10 Forum the right to use the name that you submit in connection with such content. You and your Participating Organisation represent and warrant that you own or otherwise control all of the rights to the content that you Post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you and your Participating Organisation will indemnify 70:20:10 Forum for all claims resulting from content you supply. 70:20:10 Forum has the right, but not the obligation, to monitor and edit or remove any activity or content.

Except for own User Content, you and your Participating Organisation, must not reproduce, modify, copy, distribute, communicate, display, publish, reverse engineer, download, transmit or re-transmit, manipulate or store on paper, electronic (including, but not limited to any database or any part of the Internet), CD Rom or other offline product or any other format in whole or in part the design and layout of the Site or the Content, information, material trademarks published on any page of the Site, nor hypertext or otherwise link to it, without our prior written consent other than as specifically authorised herein. We may grant or refuse that permission, at our absolute discretion.

Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication or otherwise. This licence is revocable at any time without notice and with or without cause.

Restrictions on Use of Content within the Site

Content is provided within Posts in the Site. Within Posts, there is also sometimes Content that only the Authorised User may download (as identified by a download-button/icon) and use within their Participating Organisation in accordance with these Terms and Conditions, and during the relevant Access term. This Downloadable Content will be in either an adaptable or a non-adaptable format. If the Downloadable Content is in PDF format, this means it is not to be adapted. If the Downloadable Content is in a format other than PDF (e.g. Word, PowerPoint, Excel, etc.) this means it may be adapted by the Authorised User only.

Except as expressly permitted under these Terms and Conditions, you must not perform any systematic access or extraction of content from Offerings; rearrange or modify the Offering or create abstracts from, scrape or display such Offering content for the use on another website or service; abridge or create any derivative work based upon the Offering content; or sell or otherwise transfer any use of the Offering content for any commercial purpose.

Adapting Downloadable Content

PLEASE ENSURE YOU ARE FAMILIAR WITH THE RESTRICTIONS ON YOUR USE OF DOWNLOADABLE CONTENT AS ANY BREACH WILL ALLOW US TO TERMINATE ACCESS WITHOUT NOTICE (NOT JUST FOR YOU BUT ALSO FOR YOUR PARTICIPATING ORGANISATION).

Only the Authorised User may download, adapt (where allowed) and use Downloadable Content within their Participating Organisation. When adapting Downloadable Content, you/your Participating Organisation may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 70:20:10 Forum without express written consent. You may not use any Meta tags or any other ‘hidden text’ utilising 70:20:10 Forum’s name or trademarks without the express written consent of 70:20:10 Forum. You must not misuse the 70:20:10 Forum Downloadable Content. You/your Participating Organisation may use the Downloadable Content only as permitted by law. Any Access granted to you/your Participating Organisation by 70:20:10 Forum will be terminated if you/your Participating Organisation do not comply with these Terms and Conditions.

An Authorised User with Single User Access may only use Downloadable Content for itself and is prohibited from sharing that Content in any way.

An Authorised User with Organisational Access (Division) may use Downloadable Content for itself and may share it only with current employees within that Division of the Participating Organisation.

An Authorised User with Organisational Access (Enterprise) may use Downloadable Content for itself and may share it only with current employees of the Participating Organisation. In each case Downloadable Content may only be used while you are an Authorised User and only during the relevant Access term.

When you cease to be an Authorised User or your Access is terminated, you must delete or destroy Downloadable Content that you have downloaded.

If you believe that any Content loaded onto the Site by anyone else infringes your intellectual property rights, please contact us on info@702010forum.com with full details in support of your claim. However, it is up to you/your Participating Organisation to take action against the person who uploaded that Content. We may, but are not obliged, to assist you/your Participating Organisation. Should we decide to assist, you/your Participating Organisation must first pay our cost of doing so including anticipated legal costs on a full indemnity basis.

Liability

Release: You agree that to the full extent permitted by law, neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you/your Participating Organisation under any theory of liability however caused (including through negligence), which you/your Participating Organisation may directly or indirectly suffer in connection with your/your Participating Organisation’s use and/or access of the Site or any linked website. You/your Participating Organisation release 70:20:10 Forum from, and forever waive, any and all claims you/your Participating Organisation may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) in respect of any loss or damage (including consequential loss or damage) however caused, which may be suffered or incurred by you/your Participating Organisation or which may arise directly or indirectly in respect of the Site or any failure or omission on the part of 70:20:10 Forum.

Limitation of Quantum: In the event that we are liable for any loss or damage suffered by you, the Participating Organisation, (whether pursuant to the licence granting you Access or by operation of law) the total liability of 70:20:10 Forum shall not exceed your annual Access fee. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you/your Participating Organisation for any loss or damage other than the amount referred to above. The liability of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the Site is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

1. if the breach relates to goods:

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

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; and

2. if the breach relates to services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

This disclaimer set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent that, such liability cannot be lawfully excluded.

Other Businesses

We, other Authorised Users, or other Participating Organisations may refer to Offerings, services, product lines and events and may provide links to other web sites. 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 web sites. 70:20:10 Forum does not assume any responsibility or liability for the actions, product and content of any of these and any other third parties. You and your Participating Organisation should carefully review their privacy statements and other conditions of use.

Copyright

All content included in or made available through any 70:20:10 Forum Offering including text, graphics, logos, button icons, images, audio clips, software and data compilations is owned or licenced by 70:20:10 Forum.

Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your/your Participating Organisation’s location, and except as expressly authorised by these Terms and Conditions, you/your Participating Organisation must not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site or Offering; or
  • commercialise any information, products or services obtained from any part of this Site or Offering

Permission to Link to the 70:20:10 Forum Site

We are pleased to give you/your Participating Organisation permission to link to the Site, as long as you/your Participating Organisation’s linking website does not violate any law, cause offense to our users or Participating Organisations or tarnish the 70:20:10 Forum brand or reputation. We reserve the right to withdraw this permission if it is, in our opinion, abused. This right may be exercised at our total discretion.

Unauthorised use and/or duplication of publically viewable material available on the Site is strictly prohibited without the express written permission from 70:20:10 Forum. You/your Participating Organisation may take excerpts or link to our publically viewable material on the Site, as long as you/your Participating Organisation give 70:20:10 Forum full and clear credit and hyperlink to www.702010forum.com with appropriate and specific direction to the original content.

Your User Profile

You, and your Participating Organisation is responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and agrees to accept responsibility for all activities that occur under your account or password. Your Participating Organisation and you each represent and warrant to us that the information provided when applying for Access, completing registration or updating any of these details, is accurate and complete in all respects.

Privacy and Data Protection

By becoming an Authorised User or Participating Organisation, you allow us to disclose some of your personal information to other Users and/or Participating Organisation. We undertake to comply with the terms of our Privacy Policy.

Trademarks

Learn at the Speed of Business®, 70:20:10 Practitioner Certification™, 70:20:10 Certification™, Certified 70:20:10 Practitioner™ and 70:20:10 Body of Knowledge™and other 702010forum.com Site graphics, logos, page headers, button icons, videos, webinars, podcasts, publications, documents and service names are trademarks, registered trademarks or trade dress of 70:20:10 Forum in Australia and/or other countries and may not be used in connection with any product or service that is not 70:20:10 Forum’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 70:20:10 Forum. All other trademarks not owned by 70:20:10 Forum that appear on this Site are the property of their respective owners, who may or may not be affiliated with or connected to 70:20:10 Forum.

Errors and Omissions

70:20:10 Forum attempts to be as accurate as possible. However, 70:20:10 Forum does not warrant that Content or Offerings are accurate, complete, reliable, current or error-free. If you find an error, please contact us and we’ll endeavour to fix it as soon as possible.

Applicable Law

By using any 70:20:10 Forum offering, you agree that the laws in force in the State of Victoria, Australia will govern these Terms and Conditions and any dispute of any sort that might arise between you and 70:20:10 Forum. You agree to submit to the exclusive jurisdiction of the courts of this jurisdiction.

Our Contact Details

70:20:10 Forum Pty Ltd

Suite 104, 171 Union Road

Surrey Hills VIC 3127

Australia

www.702010forum.com

Phone: +613 9895 0785

Facsimile: +613 9895 0799

Email: info@702010forum.com

ABN: 67 158 131 938

ACN: 158 131 938

Changes to Terms and Conditions

We reserve the right to make changes to these Terms and Conditions and our Privacy Policy from time to time by Posting revisions on the 702010forum.com website. Your continued Access as a Participating Organisation after we change these Terms and Conditions constitutes you and your Participating Organisation’s acceptance of the changes. If you do not agree to any changes, you, the Participating Organisation must cancel your Access. If any change is found invalid, void or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.