Our Terms & Conditions

ArcBlue Terms of Use

Terms of Use

  1. ABOUT US
    • 1.1. ArcBlue Consulting (weus or our) provides information and services through our website, including the Client Portals, eLearning, capability assessments, Dashboards and other web accessible services (Websites).
  2. TERMS OF USE AND PRIVACY
    • 2.1. These terms of use (Terms) govern all users (defined as you) that access and use the contents and services provided on our Website.
    • 2.2. Please read these Terms carefully before accessing or using the information, materials and services available on the Website. By accessing or using the Website, you agree to be bound by these Terms.
    • 2.3. Access to and use of the Website will be subject to these Terms and our Privacy Policy (available here: http://www.arcblue.com.au/privacy-policy/). If you do not accept either or both of these Terms and/or our Privacy Policy, please do not join, access, view, download or otherwise use any services offered by us via the Website. By your continued use of the Website, you acknowledge that you have read and understood the Privacy Policy and these Terms and that you agree to be bound by all of their provisions. You consent to us using the information you provide to us in accordance with our Privacy Policy.
    • 2.4. We may from time to time update or modify these Terms and/or the Privacy Policy. The updated Terms and Privacy Policy will be available of our Website. By using the Website after a change, you agree to any amendments made.
  3. USING THE WEBSITE
    • 3.1. When using the Website, you promise that you will:
  • not criticise or damage our reputation or any person or entity whose details, image or business features on the Website;
  • not infringe any intellectual property rights of any entity whose intellectual property (including logos, copy and other content) is made available to us on the Website;
  • not engage in any discriminatory conduct (including discrimination on the basis of race, gender, sexual preference, age, physical or mental disability, pregnancy, marriage status, nationality, religion, political views, membership of a union or party);
  • not disclose the personal information of any person without consent or send any electronic communication to any person without their consent;
  • not behave in an intimidatory, aggressive, hateful or threatening way;
  • not use the log-in details of any person other than yourself; and
  • not mislead, deceive or carry out any illegal or criminal purpose on or via the Website.
    • 3.2. Please ensure that the information you upload or post is complete and accurate. Where necessary, please update your information. If your information is inaccurate, incomplete or outdated, our ability to provide the services on the Website may be compromised.
    • 3.3. You must keep your user name, password and any other log-in details confidential and take reasonable steps to stop unauthorised users from using them. You must notify us immediately if any of these is lost or is or may have been disclosed to an unauthorised user. We can disable your account if we are contacted about any breach of your account’s security.
    • 3.4. You acknowledge and agree that your right to use the Website may be revoked if you breach any Terms.
  1. DISCLAIMER OF WARRANTIES
    • 4.1. We expressly disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information and materials on the Website. We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through us.
    • 4.2. Our services, and all materials, information, products and services included in our services are provided “as is”, with no warranties whatsoever. We expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our services.
    • 4.3. Our Website may be linked to other sites and third-party information that are not maintained by us. We are not responsible for the content on those sites or the accuracy of the third-party information. The inclusion or provision of any link to such sites or third-party information does not imply endorsement by us of such sites or information. We make no representations at all about any other website which a user of this site may access through our Website.
  2. INTELLECTUAL PROPERTY
    • 5.1. The text, images, designs, graphics, pictures, applications, software, music, sound files, animation files, video files and their arrangement on our Website (including third party content) (Website Content) are all subject to copyright and other intellectual property protection laws.
    • 5.2. We and/or our related entities are the owners or licensees of all Website Content. Apart from any use that is permitted under the Copyright Act 1968 (Cth) all rights are reserved.
    • 5.3. Website Content may not be copied, reproduced, adapted, reposted to other Internet sites; or otherwise transmitted or distributed, without our consent. Some Website Content is subject to the copyright rights of third-party content providers, including other contributors.
    • 5.4. You acknowledge that:
  • all intellectual property rights in the Website Content belong to us or our related entities, our suppliers or Service users; and
  • these Terms do not transfer title to any intellectual property in the Website Content to you.
    • 5.5. You may provide text, images, designs, graphics, pictures, applications, software, music, sound files, animation files, video files on the Website (Your Content). When you provide Your Content, you grant to us and our related entities a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use Your Content to conduct the Website. You warrant that you are the owner or licensee of Your Content and that by providing it, you are not infringing any intellectual property rights or other rights of any owner of Your Content.
  1. LIMITATION OF LIABILITY
    • 6.1. You agree that your use of the Website and the services is subject to these Terms and is at your sole risk.
    • 6.2. You agree that you are solely responsible for the implications of any of your acts or omissions in connection with communicating and working with any person you encounter on the Website and the services. You are responsible for assessing any information or opinion expressed on or by the Service and that each decision and action you take is taken independently, with an opportunity to obtain independent advice (including legal advice) and having regard to your unique circumstances.
    • 6.3. To the extent permitted by law, you agree that we will not be responsible or liable for any damages, economic loss or other loss whatsoever arising out of, or in any way related to:
  • any matter in respect of which liability is excluded under clause 6.2 and 6.3;
  • the modification, interruption, suspension or discontinuance of the Website;
  • any technical faults which impact on the availability or use of the Website; or
  • your use of the Website or any Website Content.
    • 6.4. Certain legislation (including the Australian Consumer Law) may impose consumer guarantees or obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified expect to a limited extent. These Terms must be read subject to these statutory provisions.
  1. TERMINATION, SUSPENSION OR TAKING DOWN CONTENT
    • 7.1. We may, in our sole discretion, temporarily or permanently suspend or terminate the rights granted to you under these Terms or take down your content if we suspect in our sole discretion that you are not complying with the Terms or that you pose a threat to the Website or any of its users or that your conduct is inconsistent with our brand values.
    • 7.2. We will not be liable for any cost, expense or damages whatsoever for suspension or termination of your use.
  2. CONTACT AND DISPUTES
    • 8.1. We are responsible for addressing any questions, comments or claims relating to the Website and your use of them. If you have any comments, questions, complaints relating to the Website, or would like to report a violation of these Terms, please contact: ward@arcblue.com.au.
    • 8.2. We will not become involved in disputes between you and another person or entity unless the dispute impacts on our legal rights or obligations.
    • 8.3. You agree to use reasonable efforts to resolve any dispute you have with us before issuing proceedings based on the dispute.
  3. GENERAL
    • 9.1. If any part of these Terms is held invalid that part will be deemed to be severed from these Terms and the remainder of these Terms will continue to be valid and enforceable.
    • 9.2. These Terms are governed by the laws of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.
    • 9.3. These Terms and the Privacy Policy are the entire agreement of the parties in relation to the use of the Website and the services and supersede all other representations, understandings or agreements.
  4. CLIENT PORTALS
    • 10.1. If you participate in the interactive areas in Client Portals, you shall not post, publish or upload any message, data, information or other material (Postings) which is unlawful or abusive in anyway, including defamatory, pornographic, obscene, threatening, invasive of privacy, inclusive of hate speech or would constitute or encourage a criminal offence.
    • 10.2. We have no obligation nor intend to edit, monitor, moderate or screen the Postings and we are not responsible for the contents in such Postings. Notwithstanding the foregoing, we reserve the right to examine from time to time, some, all or no interactive areas for adherence to the Terms and to remove any non-compliant Posting.
    • 10.3. You acknowledge you are responsible for the provision of Internet access, web browsing software and ensuring your computer systems meet minimum requirements in order to use the Client Portals. You acknowledge that from time to time we may change add or delete functions, features, service levels, performance or other characteristics of the Client Portals and correct errors or upgrade the Client Portals. You also acknowledge that we do not warrant that any change, addition, deletion, error correction, patch or new version will be compatible with any other application, software or interface that connects to or interfaces with the Client Portals.
    • 10.4. You must use reasonable efforts to prevent unauthorised third parties from accessing the Client Portals.
    • 10.5. Some aspects of the Client Portals are provided by third parties. We will use cloud computing services in connection with the Client Portals and you acknowledge and consent to this. We are not liable to you for anything any third-party cloud computing supplier does, or fails to do, which may impact your use of the Client Portals. You agree not to pursue or make any claim against any third-party cloud computing supplier to us in connection with the Client Portals.
  5. DASHBOARD SERVICES
    • 11.1. If engage us to provide the Dashboard Services (by returning the Product Activation Form (PAF)) you have an initial commitment to pay for it for the period and rates set out in the PAF (Initial Term). After the Initial Term we will (subject to the terms of these Terms) continue to provide the Dashboard Services to you, including charges and either party may terminate the arrangement by giving no less than one month’s written notice. All charges for our services and access to the Dashboard Services are set out in the PAF (or alternative proposal) (Charges). If you do not pay the Charges on time (as set out in the PAF), we may either suspend access to the Dashboard Services until such time as you pay all amounts due, or we may on immediate written notice terminate our agreement to provide the Dashboard Services to you. All amounts are expressed exclusive of GST. We may recover any additional amounts from you in connection with GST. We may also claim from you any loss of Charges pursuant to early termination.
    • 11.2. In consideration of the payment of the Charges, we will, during the term of these Terms, allow you access to the latest stable version of the Dashboard Services via the Internet. You agree that you will only use the Dashboard Services for the sole purpose of meeting your internal business needs. You will only access the Dashboard Services through a web browser and you acknowledge you are responsible for the provision of Internet access, web browsing software and ensuring your computer systems meet minimum requirements in order to use the Dashboard Services. You warrant to us that you have all required consents and authorities to use the Dashboard Services in the way you do. You acknowledge that from time to time we may change add or delete functions, features, service levels, performance or other characteristics of the Dashboard Services and correct errors or upgrade the Dashboard Services and that provided that the functionality or availability of the Dashboard Services does not materially decrease, we are not liable to you for any such change we make. You also acknowledge that we do not guarantee that any change, addition, deletion, error correction, patch or new version will be compatible with any other application, software or interface that connects to or interfaces with the Dashboard Services. As a part of your first payment we will provide assistance to you to configure the Dashboard Services for you in line with our standard client set up. We will provide reasonable assistance but reserve the right to refuse to provide such services in our sole discretion should we feel you are being unreasonable in your requests. Where you opt for data updates we will allow you to provide four data packets per annum (Fresh Data) (no more than one per calendar quarter and only three in the first year of use of the Dashboard Services) which we will upload for you into the Dashboard Services. We will endeavour to make your Fresh Data available for viewing and analysis via the Dashboard Services within 28 days of receipt of it from you subject to your providing the Fresh Data in a format and media acceptable to us. By agreement with us we may allow more than four Fresh Data uploads at additional cost.
    • 11.3. You must use reasonable efforts to prevent unauthorised third parties from accessing the Dashboard Services and you agree to keep all login details secret. You agree that the access rights of any individual user permitted to use the Dashboard Services (for example, on a named or password-enabled basis) cannot be shared or used by more than one individual, unless the right is reassigned in its entirety to another individual authorised user in which case the first user will no longer have any right to access all or any part of the Dashboard Services. You will use your best endeavours to prevent viruses or other harmful or malicious code being present in the data that you give us or affecting the Dashboard Services.
    • 11.4. Some aspects of the Dashboard Services are provided by third parties, particularly the hosting of the Dashboard Services and the software behind the Dashboard Services. We will use cloud computing services and software as a service in connection with the Dashboard Services and you acknowledge and consent to this. Amazon Web Services Inc. (AWS) hosts the Dashboard Services (and all data within the Dashboard Services) and Tableau Software Inc. (Tableau) provides the software which powers the Dashboard Services under license to us. The terms we get from AWS and Tableau are by this reference incorporated into these Terms (as to service promises) and any aspect of the Dashboard Services or our services which relies on or uses AWS or Tableau goods or services are restricted by the service promises we get from each of AWS and Tableau. You can get a copy of such service promises that we (and you) are subject to at any time by asking us (and we will provide you a copy less any commercially sensitive information to us or our suppliers). You acknowledge this pass through of terms and understand the importance of these providers to us being able to provide the Dashboard Services to you. We are not liable to you for anything AWS or Tableau or any other third-party supplier does, or fails to do, which may impact your use of the Dashboard Services. You agree not to pursue or make any claim against AWS or Tableau or any other third-party supplier to us in connection with the Dashboard Services. You acknowledge that Tableau owns the rights to the software behind the Dashboard Services.
    • 11.5. You own the intellectual property rights in the data you provide us. We own all other intellectual property developed in connection with the Dashboard Services and our supply of it to you. You have no rights in the Dashboard Services. You warrant that our use of your data will not infringe the rights of any third party. We will use the data we collect from you in the provision of the Dashboard Services to you and for our business purposes and creating reports and benchmarking statistics; you consent to all uses of your data as contemplated by these Terms. You have sole responsibility for the accuracy and completeness of all data you give us and you acknowledge that all outputs of the Dashboard Services rely on this. Each party will keep the other party’s confidential information confidential and only use confidential information in a manner described in these Terms. We will never publicly publish your data with direct attribution to you.
    • 11.6. You indemnify us and will hold us harmless against any loss or claim we suffer due to your use of the Dashboard Services. You have not relied on any representation made or implied by us or arising out of or implied by our conduct save for as expressly set out in these Terms. To the extent that we have made or implied, or by conduct given rise to or implied, any representation that is not expressly stated in these conditions, you are not proceeding in reliance on their presentation. We make no promise, representation or otherwise in relation to any benefit you may obtain by using the Dashboard Services and we guarantee in no way any increased sales, savings, transactions, revenue, goodwill or profit or any other benefit that may flow from you using the Dashboard Services.