These Terms of Use (Terms) and Our Privacy Policy govern Your use of Our website, including subdomains of that website, mobile sites and apps, where users may access and use Calibre3 located at www.mondaypeople.co (Monday People Web Portal).
For that reason these Terms are important and You should ensure that You read them carefully and contact Us with any questions before You use the Monday people Web Portal. You can contact Us on kristen@mondaypeople.co
By accessing or using the Monday People Web Portal You acknowledge and agree that You have had sufficient chance to read and understand these Terms and You agree to be bound by them and Our Privacy Policy. If You do not agree to the Terms and Our Privacy Policy, please do not use the Monday People Web Portal.
1. Definitions
In these Terms:
1.1. Monday People means the consulting services business advice provided by Us;
1.2. We, Us, Our means Monday People Pty Ltd ABN 17 091 219 423 and
1.3. You or Your means any person or entity using, or intending to use, Monday People.
2. Use of Monday People Web Portal
2.1 You must not add any content to the Monday People Web Portal:
(a) unless You hold all necessary rights, licences and consents to do so;
(b) that would cause You or Us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring Us, or the Monday People Web Portal, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
2.2 The Monday People Web Portal often includes hyperlinks and pointers to other websites operated by third parties as well as content added by people other than Us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website. Those third party websites do not form part of the Monday People Web Portal and are not under Our control or responsibility.
2.3 Any banner advertising or other advertising appearing on the Monday People Web Portal does not imply an endorsement or recommendation by Us as the advertiser or their products or services.
2.4 You acknowledge and agree that:
(a) we retain complete editorial control over the Monday People Web Portal and may alter, amend or cease the operation of the Monday People Web Portal at any time in our sole discretion; and
(b) the Monday People Web Portal will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
3. Registration
3.1 To use certain functions of the Monday People Web Portal, You must be a registered member of the Monday People Web Portal.
3.2 When You register with Us:
(a) You will provide Us with personal information such as Your name, email address, and telephone number. You must ensure that this information is accurate and current; and
(b) You must nominate a user name and provide a password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
3.3 We will handle all personal information that We collect in accordance with our privacy policy which is available at this link www.mondaypoeple/privacypolicy (Privacy Policy).
3.4 If We believe that there is likely to be a breach of security or misuse of the Monday People Web Portal, We may require You to change your password or We may suspend your registration with Us.
3.5 You may cancel your registration with Us at any time by contacting Us on kristen@mondaypeople.co
4. Intellectual property rights
4.1 You may only access, use and print information and material on the Monday People Web Portal for non-commercial or personal use provided that You keep intact all copyright and proprietary notices. You must not otherwise reproduce, adapt, store, transmit, display, commercialise, publish or create derivative works from any part of the content, format or design of the Monday People Web Portal.
4.2 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between You and Us, We own all trade marks, logos, software or any other intellectual property rights in the Monday People Web Portal.
4.3 By posting or adding any content onto the Monday People Web Portal, You grant Us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit Us to authorise any other person to do the same thing.
4.4 You consent to any act or omission which would otherwise constitute an infringement of Your moral rights, and if You add any content in which any third party has moral rights, You must also ensure that the third party also consents in the same manner.
4.5 The licence in clause 4.3 will survive any termination of these Terms.
4.6 You represent and warrant to Us that You have all necessary rights to grant the licences and consents set out in clauses 4.3 and 4.4.
5. Liability
5.1 To the full extent permitted by law, We exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
5.2 To the full extent permitted by law, We exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
5.3 To the full extent permitted by law, We shall not be responsible or liable for:
(a) any loss, liability or damage suffered or incurred arising out of or in connection with any access to or use of the Monday People Web Portal or any of its contents; or
(b) any reliance on, or decision made, on the basis of, information or material shown on or omitted from the Monday People Web Portal;
5.4 The information and material on the Monday People Web Portal is intended to provide a general guide only. To the full extent permitted by law, no warranty or representation is made whatsoever as to the accuracy, currency, completeness, suitability or reliability of the information contained therein and Our related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by You through relying on anything contained or omitted from the Monday People Web Portal.
5.5 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, We limit our liability in respect of any claim to, at our option:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
6. Termination
6.1 These Terms terminate automatically if, for any reason, We cease to operate the Monday People Web Portal.
6.2 We may otherwise suspend or terminate these Terms immediately, on notice to You, at our reasonable discretion or if You have breached these Terms or the Privacy Policy in any way.
6.3 Each indemnity given by You under these Terms is a continuing indemnity which shall continue upon expiry or termination of any contract with You.
7. Amendments to terms and conditions
7.1 We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on the Monday People Web Portal.
7.2 Your continued use of Monday People following such notification will represent an agreement by You to be bound by the terms and conditions as amended.
8. General
8.1 You must not assign, sub licence or otherwise deal in any other way with any of Your rights under these Terms.
8.2 If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
8.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
8.4 These terms are governed by the laws of Victoria, Australia and each party submits to the jurisdiction of the courts of Victoria, Australia.
Effective August 2020