Terms & Conditions

Welcome to Corporate Crayon www.corporatecrayon.com (Website). These terms and conditions set out the terms on which Corporate Crayon provides the Website to our Members and to all visitors to the Website (Terms). You can download these Terms from the Website.

1. YOUR AGREEMENT TO THESE TERMS

1.1 Acceptance

(a) You agree to abide by and be bound by these Terms (including any amendments made by us) if:

(1) you register as a Member;

(2) you otherwise use the Website;

(b) These Terms form a legal contract between you and Corporate Crayon.

1.2 Change in terms

We reserve the right to vary these Terms and any linked policies without notice to you by publishing revised terms on the Website. Any revisions are effective as at the time of publication on the Website. You must check regularly to ensure you are aware of any changes.

1.3 Warranties

If you agree to these Terms you warrant to us that:

(a) you are legally capable of accepting these Terms;

(b) any Personal Information you provide us with is up to date and accurate;

(d) you will not disclose your Login Details to anyone;

(e) you will never harass or bully another person via private messaging or spam;

(f) you will be truthful and not mislead Corporate Crayon or Members;

(g) you will not post unauthorized commercial communications (such as spam) on the Website;

(h) you will not collect Members’ content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;

(i) you will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Website;

(j) you will not upload viruses or other malicious code;

(k) you will not solicit Login Details or access an account belonging to someone else;

(l) you will not post Content that is hate speech, threatening, pornographic, incites violence or contains nudity or graphic or gratuitous violence or is otherwise inconsistent, in the view of Corporate Crayon, with the values of Corporate Crayon;

(m) you will not develop or operate a third-party application containing alcohol-related, dating, gambling or other mature content (including advertisements) without appropriate age-based restrictions;

(n) you will not use the Website to do anything unlawful, misleading, malicious, or discriminatory;

(o) you will not do anything that could disable, overburden, or impair the proper working or appearance of the Website, such as a denial of service attack or interference with page rendering or other functionality;

(p) you will not facilitate or encourage any violations of these Terms or our policies by other Members or third parties; and

(q) you will not do anything otherwise unlawful or that is or may be subject to civil or criminal penalties.

1.4 Indemnity

You indemnify and agree to keep Corporate Crayon indemnified against any costs, expenses, damages, liability, loss (whether direct, indirect or consequential) or third party claims (including legal fees and other costs incurred on an indemnity basis) for or arising out of or in any way connected to your breach of these Terms or any malicious or negligent acts or omissions by you, including but not limited to:

(a) your unauthorised use of the Website;

(b) any unlawful acts you perpetuate through or in connection with the Website;

(d) any malicious or negligent acts or omissions by you, your agents, employees or assigns;

(e) Corporate Crayon being joined as a party to legal proceeds resulting from a breach by you of these Terms.

1.5 Limitation of our liability

We are not liable for, and you release us from, any liability to you whether arising in breach of contract, negligence or any other cause for:

(a) errors or omissions in the Website or linked sites;

(b) misleading, inaccurate, false, harmful or offensive content posted by Members of the Website;

(d) delays to, interruptions of or cessation of the Services provided by Corporate Crayon;

(e) unauthorised or illegal conduct of any third party or Member of the Website;

(f) any consequential loss and (to the extent not already covered by that phrase) loss of data, interruption of business, loss of profits and loss of opportunities in connection with your use (or inability to use) Corporate Crayon;

(g) any breach of your obligations under these Terms.

2. Our services

Corporate Crayon offers the Website for use:

(a) by Members to manage bookings, membership fees and other Member benefits; and

(b) to provide information about Corporate Crayon to visitors to the Website.

3. Accounts

3.1 One Account

A person or business must not have more than one Account.

3.2 Deactivation of account

(a) You are entitled to close your Account at any time.

(b) You understand that Content from a deactivated Account may not necessarily be deleted if you deactivate your Account and may continue to exist in back up form.

3.3 Refusal of use

If you breach these Terms we reserve the right:

(a) to refuse to provide our services to you at any time at our absolute discretion without prior consultation or notice;

(b) suspend your Account;

(d) remove Content.

4. your content

4.1 What you own

You do not own Content that you contribute to the public domain, including but not limited to, comments in discussion forums and reviews.

4.2 Your responsibilities

(a) You are personally responsible for all Content that you post, including any Content posted by third parties on your Account that resulted from a disclosure by you of your Login Details.

(b) Corporate Crayon takes no responsibility for any harm caused by, or Claim arising from, anything written, posted, uploaded or otherwise made available on your Account.

5. Third party content

While care has been taken in compiling the Website, it may use information from a range of sources, including third parties advertisements. We can’t screen all of this material before it appears on the Website and we are not responsible for and do not endorse its content.

6. Bookings

6.1 General

(a) If you make a booking through the Website, you agree to be bound by these Terms.

(b) If you do not accept these Terms, you must not make a booking through the Website.

6.2 Payment Method

Payment for the booking is made using a credit card and may include a Booking Fee.

6.3 Credit Card details

Corporate Crayon does not keep your credit card details.

7. cancellations & refunds

7.1 Cancellation Period

If you or we cancel a booking within the Cancellation Period any fees paid for the booking will be refunded to you, less any applicable credit card charges.

7.2 Post Cancellation Period

(a) If you cancel a booking after the Cancellation Period has expired, Corporate Crayon will retain any fees paid for the booking.

(b) If we cancel a booking after the Cancellation Period, Corporate Crayon will refund any fees paid for the booking, less any applicable credit card charges.

8. Your right to privacy

8.1 Privacy Act

(a) In handling your Personal Information, we are subject to the Privacy Act 1988 (Cth) (Act) and we are required to comply with the Australian Privacy Principles set out in Schedule 1 of the Act.

(b) The Act sets out how we may collect, use and disclose your Personal Information.

8.2 Acknowledgment

(a) You acknowledge that the use of your Personal Information by us is reasonably necessary for the purpose and functionality of the Website and to enable us to provide you with the Services.

(b) If you do not want to disclose Personal Information to us on these Terms, you must not use the Website.

9. PERSONAL INFORMATION

9.1 What we collect

We will collect different types of information about you including but not limited to:

(a) Personal Information that you provide to us directly, including information you provide to us if you are a Member such as your:

(1) name (this will enable people to connect with you);

(2) email address;

(3) occupation;

(4) age;

(5) location;

(6) employment details;

(7) salary;

(b) Personal Information that we collect about how you use the Website under clause 9.2;

other information we receive about you from computers mobile phones and other devices such as your:

(1) IP address;

(2) mobile phone number;

(3) information gathered from advertisers about all customers of Corporate Crayon for example if you respond to an advertisement on the Website;

(c) information we have put together based on all the information you have already provided to us, for example, information based on your interests and location; and

(d) information that is public knowledge.

9.2 Why we collect Personal Information

In order for the Website to function, and to provide the Services, we need to collect as much information as possible. We collect your personal information:

(a) to enable you to use the Website for its primary purpose of providing information to the public about Corporate Crayon’s services; and

(b) providing a contact and booking portal to Members.

10. DISCLOSURE of Personal Information

10.1 When we can disclose

We may disclose your Personal Information if:

(a) that disclosure is reasonably necessary to provide the Website and Services for their intended purpose;

(b) you give us your consent; or

10.2 Acknowledgement

You acknowledge that we cannot provide the Services to you without your Personal Information. This means that if you do not wish us to use or disclose any Personal Information in accordance with clause 10.1, you must not use the Website.

11. CHANGE IN OWNERSHIP

If our Corporate Crayon is bought by someone else, we may share Personal Information with the buyer, but they must still comply with the Act and the Australian Privacy Principles.

12. STORAGE AND SECURITY

12.1 Storage

We will store your information as long as it is necessary to provide the Website to you and others until your Account is deleted.

12.2 Security

We take all reasonable steps to ensure that the Personal Information that we hold is protected against misuse, loss, unauthorised access, modification or disclosure.

13. Access to your Information

(a) You have the right to access your Personal Information.

(b) You do not have the right to access information that we have collected about you generally that does not, or is not capable of, identifying you personally.

(c) You can access, update or change your Personal Information by managing your account settings through the Website or by contacting us.

(d) In most cases, a summary of your Personal Information, such as your name and contact details, is available for no fee through your Account.

(e) However, if providing you with access to specific personal information requires a more detailed retrieval of your information, a fee may be charged for the cost of the retrieval and supply of that information.

14. Cookies

14.1 Use of Cookies

(a) We or our service providers may also place “cookies” (small files placed on the hard drive of your computer) and “web beacons” (electronic images placed in the web page code) on your computer when you visit some parts of the Website.

(b) Most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive when you close your browser.

(c) We may use permanent or session cookies to help analyse web page flow, customise services, content and advertising and promote trust and safety for our users and our business.

14.2 Blocking Cookies

You can block our cookies by changing the settings on your browser, but doing so may hinder your use of the Website.

15. Links to other websites

(a) The Website may contain various links and references to other websites. Please be aware that we do not control these websites and that these Terms do not apply to those websites.

(b) You should read the privacy policy of every website you visit. If in doubt, do not provide sensitive personal information via websites.

16. Your obligations

You must update your account with any changes to your personal information as soon as practical following any change. You consent to us contacting you from time to time to verify your Personal Information.

17. Your rights

(a) If you think that we have breached these Terms or the Act you should notify us as soon as you become aware of a breach or a potential breach.

(b) You are also entitled to bring your concern or complaint to the Office of the Australian Information Commissioner (OAIC). The OAIC can investigate breaches of the Act and make a determination about damages and other remedies.

18. website

18.1 Availability

(a) The Website is provided to you on an “as is”, “as available” basis, without any express or implied warranty by us.

(b) The Website may be unavailable from time to time (including for maintenance purposes).

(c) The availability of Content on the Website is subject to the limitations of the internet including re-buffering, loss of connection and dropouts.

18.2 Express exclusions

We cannot and do not warrant or represent that:

(a) The Website or the servers that make the Website available over the internet are secure and free from errors or omissions, technical inaccuracies, errors, programming bugs, viruses, harmful content or components, interference (including malfunction of equipment or software, Internet access difficulties, or delay or failure of transmission) or duplicate data;

(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; or

19. intellectual property

19.1 Reservation

We reserve all our intellectual property rights, including and without limitation patent, copyright, trade marks (whether registered or unregistered) in the Website and the material on it, and the design, layout, look, appearance and functionality of Website.

19.2 No transfer

Nothing in these Terms creates a transfer of any intellectual property rights to you.

20. Developers, operators of applications and websites

If you are a developer or operator of a platform application or website (Application), the following additional terms apply to you:

(a) You must not use the Website or its content for the benefit of your Application or its content with our prior written approval.

(b) You are responsible for your Application and its content and all uses you make of the Website.

(c) You fully indemnify Corporate Crayon against any costs, expenses, damages, liability, loss (whether direct, indirect or consequential) or third party claims (including legal fees and other costs incurred on an indemnity basis) caused to Corporate Crayon or its Members or third parties for or arising out of or in any way connected to the use or existence of your Application whether or not Corporate Crayon consented to its use under clause 20(a).

(d) Your access to and use of data you receive from Corporate Crayon, will be limited as follows:

(1) you will only request data you need to operate your Application;

(2) you will have a privacy policy that tells Members what Member data you are going to use and how you will use, display, share, or transfer that data and you will include your privacy policy;

(3) you will not use, display, share, or transfer a Member’s data in a manner inconsistent with your privacy policy.

(4) you will delete all data you receive from us concerning a Member if the Member asks you to do so, and will provide a mechanism for members to make such a request.

(5) you will not include data you receive from us concerning a Member in any advertising creative or for the purpose of advertising;

(6) you will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a member consents to that transfer or use;

(7) you will not sell member data. If you are acquired by or merge with a third party, you can continue to use Member data within your application, but you must not transfer Member data outside of your Application for any reason whatsoever.

(8) we can require you to delete Member data if you use it in a way that we determine is inconsistent with Members’ expectations or Corporate Crayon business interests; and

(9) Corporate Crayon can limit and prevent your access to data, including access to your account, without notice to you if we consider that you have breached or are likely to breach any of your obligations under these Terms.

(e) You will not give us information that you independently collect from a Member or a Member’s content without that Member’s consent.

(f) You will make it easy for Members to remove or disconnect from your Application.

(g) You will make it easy for Members to contact you.

(h) We can share your email address and other contact information, with Members and others claiming that you have infringed or otherwise violated their rights.

(i) You will provide customer support for your Application.

(j) You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.

(k) You will not misrepresent your relationship with Corporate Crayon to others.

(l) We can issue a press release describing our relationship with you.

(m) You will comply with all applicable laws.

(n) You give us all rights necessary to enable your Application to work with Corporate Crayon, including the right to incorporate content and information you provide to us into streams, timelines, and Member action stories.

(o) You give us the right to link to or frame your Application, and place content, including ads, around your Application.

(p) We can analyse your Application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).

(q) To ensure your Application is safe for members, we can audit it.

(r) We do not grant your Application exclusivity and we can create applications that offer similar features and services to, or otherwise compete with, your Application.

21. Failure to Act

Any failure by Corporate Crayon to enforce or insist on timely performance of any of these Terms or any failure by Corporate Crayon to exercise any right or remedy available to Corporate Crayon under these Terms or at law will not constitute a waiver of any default by you under these Terms or our rights to insist on your continued compliance with these Terms.

22. DISPUTE RESOLUTION

22.1 Application of this clause

If a dispute arises between you and Corporate Crayon in relation to these Terms or any other matter related to Corporate Crayon, you agree that you will attempt to resolve that dispute, in good faith, in accordance with this clause.

22.2 Contact

If you need to contact Corporate Crayon about a dispute you should contact us at scribble@corporatecrayon.com

Dispute resolution procedure

The procedure for resolving a dispute is:

(a) First, either you or we must give notice to the other party about the nature of the dispute (“Dispute Notice”). The parties must then seek to negotiate a settlement within one calendar month of receipt of the Dispute Notice (“Negotiation Period”);

(b) Second, to the extent that the negotiations fail to settle the matter within the Negotiation Period, the parties will seek, within a further 10 Business Days, or such longer period as agreed by the parties, to reach agreement on:

(1) a non-litigation, non-arbitration procedure for resolving the dispute (such as mediation, conciliation or independent expert determination);

(2) the steps to be taken and when; and

(3) the identity of any independent person who will assist the parties and the terms on which that person is to be retained (including the basis on which the independent party’s costs are to be paid and by whom); and

(4) Third, if the parties are unable to reach agreement under clause 22.3(b) within the required timeframe or they do reach agreement and the agreed procedure does not culminate in a settlement of the entire dispute within two calendar months of the date of the Dispute Notice, either party may then commence court or arbitration proceedings to resolve remaining issues.

22.3 Good Faith

The parties will engage in the procedure in clause 22.3(b) in good faith and on a “without prejudice” basis.

22.4 Costs

For the purposes of clause 22.3(b), the cost of the relevant independent person will be shared equally between you and Corporate Crayon, but each party will bear their own legal costs.

23. Severability

Any provision of these Terms and Conditions which is invalid in any jurisdiction must, in relation to that jurisdiction:

(a) be read down to the minimum extent necessary to achieve its validity, if applicable; and

(b) be severed from this Agreement in any other case,

without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction.

24. DEFINITIONS AND INTERPRETATION

24.1 Definitions

The following definitions apply unless the context otherwise requires:

Account means an electronic profile, specific to a Member, created on the Website accessible with the Login Details;

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

Booking Fee means the fee we charge to for the Event, plus any credit card, service, processing or booking fees or charges;

Cancellation Period means the period between the date a booking is made and the date that is two weeks prior to the Event;

Content means any information, functionality, text, pictures and videos available on the Website;

Corporate Crayon means Corporate Crayon Pty Ltd ACN 417 655 208 and its assigns and successors;

Event means any seminar, lesson, activity, class or otherwise offered by Corporate Crayon from time to time to its Members;

Login Details means the username and password specific to a Member’s Account;

Members means any person who has an Account;

Personal Information means information that identifies an individual, or is capable of identifying an individual;

Services means the services described in clause 1.5;

Terms means these terms and conditions;

Website means www.corporatecrayon.com.

24.2 Interpretation

Unless the context otherwise requires:

(a) headings and underlinings are for convenience only and do not affect the interpretation of this Deed;

(b) words importing the singular include the plural and vice versa;

(d) an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate or any government, governmental authority, agency or instrumentality of whatever nature or kind and however named or called and vice versa;

(e) a reference to any thing includes a part of that thing;

(f) a reference to a Part, clause, Annexure, Schedule, exhibit or party is a reference to a Part, clause, Annexure or Schedule, exhibit or party of or to this Deed;

(g) a reference to any statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing them, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued after that statute;

(h) a reference to a document or an agreement includes an amendment or supplement to, or replacement or novation of, that document or agreement;

(i) a reference to a party in this Deed or in any other document or agreement includes that party’s permitted successors and permitted assigns;

(j) where the day on or by which any thing is to be done is not a Business Day, that thing must be done on the next Business Day;

(k) no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Deed or any part of it;

(l) a reference to an agreement includes an undertaking, deed, agreement or legally enforceable arrangement or understanding whether or not in writing; and

(m) a covenant, agreement or acknowledgment on the part of or in favour of two or more persons binds them or ensures to their benefit jointly and severally.