The Recognition Rater Websites - www.recognitionrater.com and www.recognitionrater.com.au ("Site") is owned and operated by Power2Motivate Australia Pty Ltd (ABN 74 126 902 350) referred to as "The Operator"/”Us”. This Site is operated on the World Wide Web ("WWW"). The material on this Site is copyright to The Operator and other copyright owners. The Site contains intellectual property, including without limitation software, Recognition Rating, survey, custom report and content (“Content”), belonging to The Operator and others. Content may only be used in accordance with the following terms and conditions ("Terms of Access and Use"). Any reference to the Operator includes a reference to any associated entities of the Operator.
1.1 Access to this Site is conditional on your acceptance, without alteration, of these Terms of Access and Use.
1.2 By accessing, or by continuing to access, this Site you are agreeing to be bound by these Terms of Access and Use.
2. Use of this Site and the Content
2.1 In order to use the Site you must provide your first name and surname, your email address and the name of the company where you work (“Details”).
2.2 Where the details in 2.1 are completed, as well as all questions in the survey you will receive a Recognition Rating and a custom report.
2.3 Except for the limited use set out in clause 2.4, or with the express written consent of The Operator, you may not use this Site, or the Content, for any of the following purposes:
(a) the reproduction of the Content in any material form;
(b) the distribution of the Content in any material form;
(c) re-transmission of the Content by any medium of communication;
(d) uploading and/or reposting the Content to any other site or location on the WWW, on-line service or bulletin board; and
(e) "framing" the material on this Site with other material on any other WWW site or location, on-line service or bulletin board.
2.4 Notwithstanding the restrictions on use of the Content, you may share the Recognition Rating, the survey and the custom report from the Site for use within your business, but only with respect to the relationship between your business and its employees, or the relationship between your business and persons who provide personal services to your business.
2.5 You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense without the consent of The Operator, or create derivative works from this Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any software, device, or manual process to monitor or copy this Site or the Content without The Operator’s prior written permission. Any unauthorised use of this Site or its Content is prohibited.
2.6 You may not modify or copy:
(a) The layout of this Site; or
(b) Any computer software or code contained in this Site.
2.7 By providing an email address, you agree that The Operator may send you occasional emails relevant to your use of the Site.
4. Intellectual Property Rights
4.1 The Operator and others own and reserve all intellectual property rights, including, but not limited to, copyright in the Content on this Site. Except as expressly provided in these Terms of Access and Use, nothing set out in these Terms of Access and Use shall be construed as conferring any transfer, license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all Content on the Site is protected by copyrights, trademarks, patents or other proprietary rights and laws owned by The Operator or others.
5. Links to other websites
5.1 This Site contains links to websites on the WWW owned and operated by third parties and which are not under the control of The Operator (the "External Web Sites").
5.2 In relation to External Web Sites, which are linked to this Site, The Operator:
(a) Provides the link or links to External Web Sites as a convenience to you and the existence of a link or links to External Web Sites does not imply any endorsement by The Operator of the External Web Sites;
(b) Is not responsible for the material contained on those External Web Sites; and
(c) Makes no warranties and accept no liability in relation to material contained on those External Web Sites.
6. Disclaimer and Warranty
6.1 This Site is provided on an "as is, as available" basis. The Operator makes no representations or warranties of any kind regarding the Site and the Content and expressly disclaims any and all warranties, whether express or implied including the suitability and fitness for purpose of the Site and the Content.
6.2 To the full extent permitted by law The Operator disclaims any and all express or implied warranties, guarantees or representations regarding:
(a) The accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Site, the Content, and/or on any External Web Sites.
6.3 The Recognition Rating and custom report is based solely on answers provided by you.
6.4 The Operator does not warrant, guarantee or make any representation that:
(a) This Site or the Content are free of software viruses;
(b) The functions contained in any software contained on this Site or the Content will operate uninterrupted or are error-free; or that
(c) Errors and defects on this Site or the Content will be corrected.
(d) The Content meets your requirements.
7.1 The Operator will not be liable to you, or any person associated with you including but not limited to any employees, potential employees, contractors, potential contractors, officers, directors, visitors or associated entities under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(a) Acting, or failing to act, using or relying on any information contained on or referred to on this Site, the Content and/or any of the External Web Sites.
7.2 The Operator is not liable to you for:
(a) Errors or omissions on the Site, the Content, or on External Web Sites;
(b) Delays to, interruptions of or cessation of the Site, the Content, or External Web Sites; or
(c) Defamatory, offensive or illegal content on the Site, the Content, whether caused through negligence of The Operator, its employees or independent contractors, or through any other cause.
7.3 You agree to accept the full cost of any necessary repair, correction or maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing this Site or the Content.
8.1 You will at all times indemnify, keep indemnified, defend and hold harmless The Operator and its respective officers, employees and agents together with the officers, employees and agents of any associated entities of The Operator (referred to below as "Those Indemnified"), from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms of Access and use by you of the Recognition Rating and custom report supplied to you.
11. Termination of Access
11.1 The Operator may terminate access to the Site at any time without giving any explanation or justification for the termination of access, and The Operator have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Site.
12. Relevant jurisdiction
12.1 If any part of these Terms of Access and Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and Use and the severed part will not affect the validity and enforceability of any remaining provisions.
12.2 These Terms of Access and Use will be governed by and interpreted in accordance with the law of the State of New South Wales, without giving effect to any principles of conflicts of laws.
12.3 You agree to the jurisdiction of the courts of the State of New South Wales to determine any dispute arising out of these Terms of Access and Use.
YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF ACCESS AND USE