Terms of Use

The following terms of use (Terms of Use) govern all of us of ivyO. ivyO includes this website contained at ivyo.org (Our Website). In these Terms and Use, "we" and "us" refers to ivyO and "you" refers to any individual or entity accessing Our Website.

The following terms and conditions are subject to consumer protection laws, including the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations.

The contractual rights you may be entitled to under these terms and conditions are in addition to the statutory rights you may be entitled to under the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations.

Clause 1 - License to Use Our Website

ivyO grants you a limited, revocable right to access Our Website for personal, non-commercial use only. You may download a single copy of pages of Our Website.

Clause 2 - General Disclaimers

Sub-clause 2(a): ivyO is not associated with the Ivy League or any of its affiliates.

Sub-clause 2(b): ivyO reserves the right to suspend or terminate your account and your ability to use Our Website or portion thereof for failure to comply with these Terms or any Separate Terms related to a service, for infringing copyright, or for any other reason.

Sub-clause 2(c): While we will endeavor to ensure that Our Website (including our Online Shop) is available 24/7, we cannot guarantee that your access and/or use of Our Website will be uninterrupted or error free. Access or certain functions of Our Website may become temporarily unavailable without notice in the event of system maintenance, a system failure, or other reasons beyond our control.

Clause 3 - Acceptance of Terms of Use

Sub-clause 3(a): By accessing Our Website, you accept that you have read, understood, and agreed to be bound by these Terms of Use, ivyO’s Privacy Policy, and all other policies and applicable laws and regulations contained herein.

Sub-clause 3(b): If any ivyO’s services have additional terms and conditions, privacy statements, or other policies ("Separate Terms"), then those Separate Terms shall apply in connection with your use of that ivyO service. In the event there is a direct conflict between the Separate Terms and these Terms, the Separate Terms shall govern.

Sub-clause 3(c): Should you wish not to accept these Terms of Use, please do not use, view, or access Our Website.

Clause 4 - Proprietary Rights

Sub-clause 4(a): You acknowledge and agree that Our Website’s content, appearance, feel and features as well as the information, services and any necessary software used in conjunction with Our Website contains confidential and proprietary information protected by applicable intellectual property laws.

Sub-clause 4(b): You also acknowledge and agree that any and all content contained or provided through Our Website is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Sub-clause 4(c): By using this website, you acknowledge and agree to not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, on in any way exploit, in whole or in part, any Proprietary or other material.

Sub-clause 4(d): Unless authorized by ivyO, you also agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on services and information provided by this website, in whole or in part, directly or indirectly.

Sub-clause 4(e): Except as permitted by these Terms of Use, no portion of Our Website (which may comprise of, but is not necessarily limited to any information, photographs, marks, product descriptions and/or images) may be duplicated, redistributed, or manipulated in any form, without the express written consent of ivyO. Any and all printouts or downloads of material contained on the ivyO website must retain the proprietary notices and the ivyO’s website’s site address.

Clause 5 - Linking to Our Website

ivyO grants to you a limited, revocable, non-exclusive right to only create a hyperlink to Our Website, provided that: the link is used only as a ‘hot’ link (i.e., a direct link) to Our Website (preferably to our Homepage) and for no other purpose; the Media/Website containing the hyperlink to Our Website does not portray ivyO, its products or services in a false, misleading, or otherwise illegal, distasteful, or offensive manner; the Media/Website containing the hyperlink to Our Website does not claim or infer the existence of any relationship with, or endorsement by, ivyO unless you obtained our written consent; selection of the hyperlink from your Media/Website to Our Website, and subsequent page impressions within Our Website, will display and retain within the browser software URL information relevant to Our Website’s addresses; you may not make any part of Our Website available as part of another website by use of deep linking, inline imaging, framing technologies or any other manner of incorporating parts of Our Website in another website without the prior written consent of ivyO; you cannot replicate any part of Our Website or replicate any of the content contained within Our Website, without obtaining ivyO’s prior written consent; we retain, in our sole discretion, a right to disapprove and seek the removal of any link to Our Website. If a link is not immediately removed upon request, then we reserve the right to unilaterally disable that link.

Clause 6 - Privacy

ivyO respects your privacy and will endeavor to take all necessary steps to ensure that personal information supplied to us will be protected. Use of our Services is subject to our Privacy Policy, which is available on Our Website.

Clause 7 - User Submissions

Sub-clause 7(a): Except for information covered by our Privacy Policy, any material or information submitted and/or posted on Our Website, including testimonials (collectively, “User Submissions”), will be considered as having been voluntarily submitted for use by ivyO and as non-confidential and non-proprietary information.

Sub-clause 7(b): Subject to its legal obligations with respect to privacy, ivyO is free to copy, disclose, distribute, or otherwise use User Submissions on Our Website and otherwise in its sole discretion, whether for commercial or non-commercial purposes and without liability or compensation to any person or entity.

Clause 8 - Your Obligations

Sub-clause 8(a): You are solely responsible for maintaining the confidentiality of any account and password you may have with ivyO. You agree to accept full responsibility for all activities that occur under your account and/or password.

Sub-clause 8(b): You must: behave with honesty, integrity and respect while participating in SC1, SC2, Compass and BaseCamp sessions, and in all dealings with ivyO and its staff, students, other users of Our Website and the general public; maintain a satisfactory standard of academic honesty and integrity in the participation in, and completion of, any ivyO Solution purchased by You; and comply with all our lawful directions.

Sub-clause 8(c): If you are under 18 years of age when you commence using Our Website or upon purchasing any of our ivyO Solutions, you must: obtain parental or guardian written consent to participate in using Our Website and providing the written consent to ivyO on request; and comply with any age restrictions imposed by ivyO or as required by law in relation to activities undertaken as part of your ivyO Solutions.

Sub-clause 8(d): You must not: use Our website in any way contrary to law or regulation or these Terms of Use; undertake data harvesting of personal information from Our website; use information obtained from Our Website about a person, corporation, or other entity to send unsolicited communications to that person, corporation, or other entity; use Our Website for any activities that breach any laws, infringe a third party's rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cth); in any way interfere with access to, or functionality of, Our website or any transaction or process undertaken via Our website; reproduce, incorporate, or store any information from Our website, unless the prior written consent of ivyO has been obtained; use Our Website in a manner or way, or post to or transmit to or via Our Website, any material which interferes with other users or our other customers or defames, harasses, threatens, menaces, or offends any person or which prevents any other person from using or enjoying Our Website; make fraudulent or speculative enquiries, purchases or requests through Our Website; use another person's details without their permission or impersonate another person when using Our Website; share your password; post or transmit any obscene, indecent, inflammatory, or pornographic material or any other material that may give rise to civil or criminal proceedings; tamper with or hinder the operation of Our Website; knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to Our Website; use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of Our Website; decipher, decompile, disassemble, or reverse engineer any of the software on Our Website, or in any way used or downloaded from Our Website; modify, adapt, or translate any portion of Our Website; use any of the software on Our Website, or downloaded from Our Website, to create a competing product; remove any copyright, trade mark or other proprietary rights notices contained in or on Our Website; reformat or frame any portion of the web pages that are part of Our Website; create accounts by automated means or under false or fraudulent pretenses; use Our Website to violate the security of any computer or other network or engage in illegal conduct; take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure; use Our Website other than in accordance with these terms and conditions; or attempt any of the above acts or engage or permit another person to do any of the above acts.

Sub-clause 8(e): If you commit a breach of any of the obligations in sub-clauses 8(a) to 8(d) above, then, if possible, you must rectify that breach as soon as possible.

Sub-clause 8(f): If you commit a breach of any of the obligations in sub-clauses 8(a) to 8(d) above, then the following may apply: we may suspend or cancel your enrolment in an ivyO Solution without refund; you may be suspended from ivyO permanently or for a period of time which, if you have an outstanding Strategic Consultation, or you have an upcoming booking for a SC1, SC2, BaseCamp and/or Compass session, may impact on that enrolment; or you may not be permitted to purchase any future ivyO Solutions.

Sub-clause 8(g): You agree that ivyO has not made any promise, representation or inducement or been a party to any conduct that was material to you agreeing and/or breaching these Terms of Use.

Clause 9 - Termination

We may immediately suspend, terminate, or limit your access to and use of Our Website and (where relevant) your account if you breach these Terms of Use and: the breach cannot be remedied; or you fail to the remedy the breach within 10 days of our notice to you of that breach; or if there is an emergency or we need to perform some maintenance on Our Website.

Clause 10 - Third Party Content

Sub-clause 10(a): Our Website may include third party content which is subject to that third party’s terms and conditions of use.

Nothing in Our Website should be construed as granting any license or right for you and/or your organization to make use of that content. Consulting the third party’s terms and conditions regarding any third-party content is strongly recommended.

Sub-clause 10(b): We are not responsible for the accuracy of information contained on other sites accessed by links from Our Website and make no guarantees or warranties that the information contained on this website or any links from this website are free of infection by computer viruses or other contamination.

Sub-clause 10(c): Links to third party websites or sources do not constitute any endorsement or approval of those sites or the owners of those sites. Your access of such third-party sites is therefore at your own risk.

Clause 11 - Updates to these Terms of Use

ivyO retains the absolute discretion to unilaterally review and change these Terms of Use at any time. Your use of Our Website after such amendments are posted on Our Website will constitute acceptance of those amendments. It is therefore recommended you visit the “Terms of Use” link each time you visit Our Website to review the current Terms of Use by which you must abide.

These Terms of Use were last updated on 16 January 2022.

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