The Bernard Group Pty Ltd Terms and Conditions

The High Performance Mindset at Work Website - www.workmindset.com.au

The Bernard Group Pty Ltd is the owner of The High Performance Mindset at Work program (HPMW). The HPMW E-learning course is accessed via Login on the URL site http://workmindset.com.au also owned by The Bernard Group.

These Terms and Conditions of Use ("Terms and Conditions") apply to your use of or registration with www.workmindset.com.au (the "Site") and participation in the E-learning course, The High Performance Mindset at Work.

Please Read these Terms and Conditions Before Accessing, Browsing, or Otherwise Using the Site

Your access to, and browsing, review and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and using the Site, you accept these Terms and Conditions, without limitation or qualification. If you do not agree to the Terms and Conditions, do not use the Site. If, at any time, any part of the Terms and Conditions is no longer acceptable to you, immediately terminate your use of the Site.

Right to Change, Modify or Delete the Terms and Conditions

The Bernard Group reserves the right to change, modify, add or delete portions of the Terms and Conditions at any time, without prior notice. Please re-review the Terms and Conditions periodically for changes. Your continued use of the Site will mean that you accept such changes or deletions.

Privacy

Please refer to The Bernard Group’s Privacy Policy for information regarding the Company's collection, use, and storage of users' information.

Copyright and Use of Site Content

This Site and all the information it contains, or may in the future contain, including, but not limited to, HPMW E-learning course, articles, newsletters, reports, case studies, testimonials, media, text, photographs, videos, illustrations, trademarks, trade names, service marks and logos (collectively, the "Content"), is the property of The Bernard Group, and is protected from unauthorised copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws. Certain trademarks and logos displayed on the site are owned by third parties. Except as we have described in these Terms of Use, nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of The Bernard Group or such third party that may own the trademark or copyright of material displayed on this Site.

The Bernard Group encourages and permits links to Content on the Site. However, The Bernard Group is an organisation committed to the highest professional standards. Therefore, The Bernard Group does not grant any license or other permission for links or other use of the Site or its Content if such use or link: (a) suggests that The Bernard Group promotes or endorses any third party’s causes, ideas, political campaigns, web sites, products or services, (b) copies, displays, disseminates or otherwise uses the Content without The Bernard Group‘s express written consent, or (c) uses the Content for commercial purposes. Furthermore, The Bernard Group does not grant its consent for links to the Site where the linking party engages in any Prohibited Conduct (as described in these Terms of Use). We reserve the right to withdraw permission for any link at any time.

Subject to your full compliance with these terms, The Bernard Group authorises you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, non-commercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.

Software Available on this Site

Any software that is made available to download from this Site, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”), is the copyrighted work of the indicated author of the Software (“Author”). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. Impact Media MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Responses to Online Requests

From time to time, The Bernard Group may offer to provide information or materials via e-mail or otherwise to interested persons The Bernard Group reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.

Prohibited Conduct.

You may use the Site for lawful purposes only. You may not upload to, or distribute or otherwise publish through the Site, any Content that is any of the following:

  • is libellous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to The Bernard Group in the Company's sole discretion;
  • contains computer viruses, worms, moles or other contaminating or destructive elements;
  • violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity;
  • contains any false or misleading statement;
  • contains advertising; or

otherwise violates any applicable criminal or civil law. You may not use the Site for any commercial purpose and may not distribute over the Site any solicitation of funds, goods and services. In addition, you may not use the Site to solicit subscribers to join other online information services that are competitive with the Site.

Subscriber Qualifications

When registering with or applying to The Bernard Group you must provide accurate, complete, and current registration information and you agree to provide The Bernard Group with any updates to that information promptly after such changes occur.

Individual subscriptions to the Site are available only to persons who are at least 18 years of age. Your right to use the Site is personal to you and cannot be transferred to any other person.

You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Site. You shall be responsible for all charges associated with accessing and maintaining a connection to the Site including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.

Age restricted website access

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

International users

This website is hosted in Australia. If you are using the website from outside Australia, by providing your information to this site, you are consenting to the transfer of your information to Australia for processing and maintaining in accordance with this Privacy Policy and our Terms of Use. You are also consenting to the application of Australian law in all matters concerning this site.

Registrant Information

When entering personal information such as name and email address to obtain access to material offered by the Site, The Bernard Group shall have the right to disclose certain limited registrant information including, but not limited to, the registrant's name and e-mail and mailing address, to affiliates, partners and third party vendors for the purpose of providing registrants with information about products and services. The Bernard Group shall also have the right to disclose aggregate information about registrant usage and demographics in a manner that does not reveal the personal identity of any individual registrant. The Bernard Group shall have the right to send you electronic mail to inform you of changes or additions to the Site, or of any products and services of The Bernard Group. For additional information, see the Company's Privacy Policy.

Third Parties

The Bernard Group may provide you with links to third party Web sites, and some of the Content appearing to originate from the Site may be supplied by third party Content providers. The Bernard Group has no responsibility for these third-party Web sites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party Content providers.

Access to and Availability of the Site

The Site may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the Site does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.

Restriction, Suspension or Termination

The Bernard Group reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service.

The Bernard Group may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database, or content, without prior notice or liability.

If The Bernard Group provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

The Bernard Group may disable your user ID and password without notice or explanation.

Disclaimer of Warranties

THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER THE BERNARD GROUP ,THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER THE BERNARD GROUP NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES THE BERNARD GROUP, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT.

UNDER NO CIRCUMSTANCES SHALL THE BERNARD GROUP NOR ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You hereby agree to indemnify, defend and hold The Bernard Group, and all of its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives licensors and information providers (collectively, the "TBG Representatives") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by The Bernard Group or any TBG Representative in connection with any claim arising out of any use or alleged use by you of this site or arising out of or in relation to any breach by you of the Terms and Conditions, or the representations, warranties and covenants you made by agreeing to these Terms and Conditions. The Bernard Group reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with The Bernard Group’s defence of such claim.

The Terms and Conditions shall be construed in accordance with the laws of the Commonwealth of Australia, without regard to conflict of laws principles.

Entire Agreement

The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

No Amendment or Waiver

The Terms and Conditions may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is in writing and signed by an authorised representative of The Bernard Group.

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