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Terms of Use.

Effective as of September 2022

Acceptance of Terms of Use

  1. Modification of Terms

  2. Privacy Policy

  3. Disclaimers

  4. Registration

  5. Contributor

  6. Limitation of Liability

  7. Third-Party Content/Software

  8. Copyright and Trademarks

  9. Proprietary Rights in Website

  10. Indemnification and Release

  11. Shutdown of Site or Software

  12. Exeden Products and Services

  13. Dispute Resolution

  14. Severability

  15. No Waiver

  16. Headings

Terms of Use

This website ("Website/Site") is offered to you by Exeden Pty Ltd ("Exeden").

 The following Terms of Use govern your access and use of this Website. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Website (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Website (“User Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.


1. Acceptance of Terms of Use

By accessing or using this Website, you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Website. If you do NOT agree to all these terms, you should NOT access or use this Website.

2. Modification of Terms

Exeden may amend these Terms of Use at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Website after such posting, you will be deemed to have accepted such amendments. You are advised to review any applicable terms and conditions regularly. Other Exeden Websites may have their terms of use that apply to such Websites.

Exeden reserves the right to discontinue or make changes or updates concerning the Website or the Content of the Website at any time without notice. Exeden reserves the right to restrict, refuse or terminate the access of any person to the Website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion

3. Privacy Policy

Personal information provided or collected through or in connection with this Website shall only be used in accordance with the Exeden Privacy Policy. These Terms of Use are subject to the Privacy Policy posted on this Website.

4. Disclaimers

ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". EXEDEN AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, LICENSEES AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO THE EXTENT PERMITTED BY LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, THE CONTENT OR USER CONTENT. Neither Exeden nor its subsidiaries, affiliates, partners, licensors, licensees and suppliers warrants nor makes any representations that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Website (including any information and materials on this Website) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

This is a public Website. You should not expect confidentiality concerning any User Content you may submit on this Website. Do not submit confidential information here.

 Exeden and its subsidiaries, affiliates, partners, licensors, licensees, and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Website or the services which make this Website available or electronic communications sent by Exeden are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained using this Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or data loss resulting from downloading any such material.

Exeden has prepared materials on this Website for general informational purposes only. These materials do not and are not intended to constitute HR or people advice. You should not act, or refrain from acting, based upon any information on this Site.

5. Registration

Accessing certain areas of the Website and using certain functions or features of the Website may require you to register as a contributor or subscriber. 

When registering, you must choose a unique username and password and provide a unique, valid, current, and verifiable email address. Duplicate usernames and email addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation email with your registered information. If delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your username, delete your submitted content to the Website, or refuse or cancel your registration if you choose a username that, in our sole discretion, is obscene, indecent, abusive, or otherwise improper. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, username, and password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorised behaviour concerning your account, username and password, you agree to contact us immediately by email at support@exeden.com.au.  We may, at our discretion, bar registration from any specific email service or ISP.

6. Contributor

By submitting any User Content to the Website, Software, Podcast or Blog, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to things that (1) may be defamatory or harmful to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organisation, (3) may violate any legal rights of any person (including the right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity.

Before submitting any material, you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features. You also shall not transmit chain letters, pyramid schemes, surveys, and solicitations through the Website, Software, Podcast or Blog. You shall also not forge headers or manipulate identities or other data to disguise the origin of any Content and User Content transmitted through our Website or to manipulate your presence on the Website, Software, Podcast or Blog. You shall not interfere with or disrupt our sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

You affirm, represent, and warrant that the User Content submitted to the Website, Software, Podcast or Blog does not infringe any proprietary right of another, including but not limited to copyright, trademark or patent, or any confidentiality obligation.

You acknowledge and agree that any of your ideas, submissions, discussions or any other User Content provided by you within the Website, Software, Podcast or Blog that is not the subject of intellectual property right protection may be used by any other contributor without compensation or attribution.

You hereby grant to Exeden, its subsidiaries, affiliates, licensees, and other partners a worldwide, irrevocable, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content provided by you, on this Website, Software, Podcast or Blog or any other Exeden Website or in other Exeden marketing, communication, or public relations materials in any and all media.

You shall be solely responsible for your User Content and the consequences of posting, submitting and/or publishing it. Exeden may, but is not obligated to, review and monitor before and/or after submitting User Content. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, Exeden, its subsidiaries, affiliates, partners, licensors, licensees, and suppliers will not and cannot be held responsible for the accuracy, completeness, quality, or validity of User Content posted by third parties on the Website.

Exeden does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Exeden expressly disclaims any and all liability in connection with User Content.

Exeden has the sole right and ability to edit and remove messages or any other User Content which are objectionable, improper, or otherwise in breach of these Terms of Use for any reason at any time without notice or consent and at its sole discretion. Any user who believes that submitted User Content is objectionable or improper is encouraged to contact Exeden immediately by email at support@exeden.com.au.   Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period. Since this is a manual process, you are advised that we may not be able to remove or edit User Content immediately.

7. Limitation of Liability

 IN NO EVENT SHALL EXEDEN OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEBSITE, THE CONTENT OR THE USER CONTENT, EVEN IF EXEDEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY AND SOLELY FROM WILFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF EXEDEN. 

If you live in a country or state that does not allow any of the preceding exclusions or limitations of liability or any of the disclaimers of warranties in Section 4 above, such exclusions or limitations will not apply to you, but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the greatest extent permitted by applicable law.

8. Third Party Content/Software

Exeden is in no way responsible for the content of any site owned by a third party that may be linked to the Website via hyperlink, whether such hyperlink is provided by the Website or by a third party in accordance with the Terms of Use. Any link on our Website to another site is not an endorsement of such another site, and no judgment or warranty is made concerning the accuracy, timeliness, or suitability of the content of any site to which the Website may link, and we take no responsibility therefor.

 Any software made available for downloading from or through this Website is licensed subject to the terms of any applicable license agreement. Except as outlined in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, CONCERNING SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY OUTLINED IN THE APPLICABLE LICENSE AGREEMENT. EXEDEN HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT CONCERNING THE SOFTWARE.

9. Copyright and Trademarks

Copyright and all other proprietary rights in Content provided by Exeden, its affiliates, subsidiaries, licensees and other partners, the software to operate and publish the Website, the compilation of data on the Website, and the order, sequence, and arrangement of this Website, all belong to Exeden and its licensees, other partners, or licensors. All rights in the Content not expressly granted herein are reserved.

EXEDEN, CUSTODIAN-CHARACTER, PURPOSEFUL-CHARACTER INDEX, PROFITABLY-PURPOSEFUL; AND PEOPLE PERFORMANCE BI; are all copyrights of Exeden.

EEXEDEN, CUSTODIAN-CHARACTER, PURPOSEFUL-CHARACTER INDEX, PROFITABLY-PURPOSEFUL; AND PEOPLE PERFORMANCE BI and any registered trademarks of Exeden and are important assets of the company. Proper use of these copyrights and trademarks is important, and you should follow the instructions of Exeden when referencing our company’s products and services.

 The use and registration of the EXEDEN, CUSTODIAN-CHARACTER, PURPOSEFUL-CHARACTER INDEX, PROFITABLY-PURPOSEFUL; AND PEOPLE PERFORMANCE BI names are exclusively reserved for our company. You may not register nor use a company name, statutory name, trade name, domain name or another name, indication or description, of which the Exeden name or any name similar to it or any name that consists of a part of the Exeden name form’s part, nor shall it include any other registered trademark owned by Exeden.

10. Proprietary Rights in the Website

This Website is public by nature, and any information submitted on it shall be deemed non-confidential. You acknowledge that any submitting of any inventions embodied in any User Content provided by you shall constitute a "publication" of such invention under applicable patent laws.

 You acknowledge that any User Content submitted and/or discussed on the Website may be the subject of patents, copyrights, trademarks, and other intellectual property rights of Exeden, its subsidiaries, affiliates, licensees, other partners or third parties. If you consider exploiting any ideas, proposals, suggestions, solutions or other User Content submitted to the Website, you are responsible for undertaking appropriate intellectual property clearance before engaging in any exploitative conduct.

11. Indemnification and Release

 You agree to indemnify and hold harmless Exeden, its subsidiaries, affiliates, licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors, and assigns from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Website or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, Exeden reserves the right to reveal your identity and any additional information Exeden may have about you.

If you have a dispute with one or more users, you release Exeden, its subsidiaries, affiliates, partners, and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

12. Shutdown of Site or Software

We have the sole right to shut down the Website, Software, or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Website.

13. Exeden Products and Services

The Website or Software may contain references to specific Exeden products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any country. Please contact your local Exeden business contact for further information.

14. Dispute Resolution

The laws of the Commonwealth of Australia govern these Terms of Use and Exeden. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the Victoria in the Commonwealth of Australia in respect of any disputes, claims or causes of action arising out of, relating to or in connection with these Terms of Use or your use of this Website.

15. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall be enforced.

16. No Waiver

 No failure on the part of Exeden to enforce any part of these Terms of Use shall constitute a waiver of any of Exeden's rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Exeden nor the reliance of any person on Exeden's actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorised representative of Exeden shall have any legal effect whatsoever.

17. Headings

 The headings of the Terms of Use sections are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.

Thank you for joining our Website.