Terms and
conditions

The People.Productivity.Planet website (“Site”) may be accessed in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These terms and conditions apply whenever you access the Site, regardless of how you access the Site. Please read through these terms carefully. www.peopleproductivityplanet.com and www.wheredoyoustand.com.au are owned and operated by Wellmark Pty Ltd trading as WellmarkPerspexa (ABN 93 084 876 924). By accessing the websites www.peopleproductivityplanet.com or www.wheredoyoustand.com.au, or by otherwise accessing any content found on this website, you are deemed to have entered into an agreement with Wellmark Pty Ltd and to have agreed to be bound by the terms set out below. The terms and conditions of use may be changed at any time by Wellmark Pty Ltd, and your continued access to the website means that you agree to be bound by the most current version of the terms and conditions of use.

These terms were last updated on 4 December 2009.

Registration data; account security
Intellectual property protection
Use of website content
Term and termination
Changes to the site
Registration, passwords and responsibilities
Privacy policy
Community forums
No warranty, disclaimer of liability and indemnity
Force majeure
Miscellaneous
Governing law and jurisdiction

1. Registration data and account security

By registering to use this Site, you agree to: (a) provide accurate, current and complete information about you as may be requested in any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and login details; and (c) be fully responsible for all use of your account and for any actions that take place using your account.

2. Intellectual property protection

The copyright and all other intellectual property rights subsisting in the contents and design of the site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the “People.Productivity.Planet content”), are owned by Wellmark Pty Ltd and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the site’s name and logo or other trade names appearing on the site) for any reason without written permission from Wellmark Pty Ltd. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything, which breaches those laws or which infringes or interferes with these intellectual property rights. You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). Wellmark Pty Ltd reserves all rights not expressly granted under these terms of use. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the site without the copyright or trademark owners’ permission. The software, which operates the site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to People.Productivity.Planet are non-confidential and shall become the sole property of Wellmark Pty Ltd. Wellmark Pty Ltd shall own exclusive rights in the Submissions, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Copyright complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the People.Productivity.Planet website or service any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers. If you believe that any material on the Site infringes upon any copyright, which you own or control, you may send us a written notification of such infringement.

3. Use of People.Productivity.Planet content

You may retrieve and display the People.Productivity.Planet content on a computer screen or (if expressly authorised) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Wellmark Pty Ltd:

reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of People.Productivity.Planet content, or
modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of People.Productivity.Planet content (including use as part of any library, archive or similar service) without the prior written consent of Wellmark Pty Ltd, or
remove any copyright or trade mark notice from any copies of People.Productivity.Planet content.  Any use of People.Productivity.Planet content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to Wellmark Pty Ltd, Level 3, 650 Chapel St, South Yarra, Victoria, Australia, and may be subject to a fee.

4. Term and termination

Wellmark Pty Ltd may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use People.Productivity.Planet content) with or without cause by delivering notice to you (whether in print or electronically). The rights of termination are in addition to all other rights or remedies of Wellmark Pty Ltd provided in these Terms or by law. Wellmark Pty Ltd may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole and absolute discretion, with or without notice. When we are notified that a user has died, we will generally, but are not obligated to, keep the user’s account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

5. Changes to the Site

Wellmark Pty Ltd reserves the right, in its discretion, to suspend, change, modify, add or remove portions of People.Productivity.Planet content available on the Site at any time and to restrict the use and accessibility of the Site.

6. Registration, passwords and responsibilities

Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality, use of and access to People.Productivity.Planet content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify Wellmark Pty Ltd if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., user name, or of People.Productivity.Planet Content or the Site. You will provide Wellmark Pty Ltd with accurate, complete registration information (including in particular your e-mail address) and inform Wellmark Pty Ltd of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Wellmark Pty Ltd reserves the right to monitor and record activity on the Site, including access to People.Productivity.Planet content.  Each registration is for a single user only. You may not share your user name and password with any other person, nor may you share or transfer your subscription. Wellmark Pty Ltd does not permit access through a single name and password being made available to multiple users on a network. Wellmark Pty Ltd may cancel or suspend your access to the Site if you do this without further obligation to you.

7. Privacy policy

The information that you provide about yourself to Wellmark Pty Ltd will only be used in accordance with Wellmark Pty Ltd’s Privacy Policy statement: www.peopleproductivityplanet.com/privacy-policy/

8. Community forums

The Site may include bulletin boards, share news, discussion groups and other public areas that allow feedback to Wellmark Pty Ltd and interaction between users and Wellmark Pty Ltd representatives (“Forums”). While Wellmark Pty Ltd does not control the information/materials posted to those interactive tools like blogs, forums and news-sharing facilities by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the blogs or forums. When you submit content to www.peopleproductivityplanet.com or www.wheredoyoustand.com.au in any format, including any text, photographs, graphics, video or audio, you grant Wellmark Pty Ltd a non-exclusive, royalty–free, perpetual license to publish that content. You agree that Wellmark Pty Ltd can use that content in any way, now and in the future. Wellmark Pty Ltd also reserves the right not to use the content you submit. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law. You indemnify Wellmark Pty Ltd against any and all legal fees, damages and other expenses that may be incurred by Wellmark Pty Ltd as a result of a breach of the above warranty. You waive any moral rights in your contribution for the purposes of its submission to and publication on the Site.

User conduct

You are solely responsible for the content of your Messages. You must comply with any rules posted by Wellmark Pty Ltd on a news-sharing tool, blog or forum. You may not:

Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”;
Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, infringe copyright or other rights of third parties or which contain any other form of illegal content;
Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disguise the origin of any Messages;
Impersonate any person or entity (including Wellmark Pty Ltd employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity. Falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
Post or otherwise publish any Messages unrelated to the news-sharing tool, blog or forum or the news-sharing tool’s blog’s or forum’s topics;
Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
Collect or store other users’ personal data;
Restrict or inhibit any other user from using the news-sharing facilities, forums or blogs.
You understand that except for advertising programs offered by us on the Site the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain defamatory or otherwise unlawful material.
Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
Use automated scripts to collect information from or otherwise interact with the Service or the Site;
Upload, post, transmit, share, store or otherwise make available any videos that contain copy right material. Videos of a personal nature:
(i) are of you or your friends,
(ii) are taken by you or your friends, or
(iii) are original art or animation created by you or your friends;
Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
Intimidate or harass another;
Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Use or attempt to use another’s account, service or system without authorization from Wellmark Pty Ltd, or create a false identity on the Service or the Site.
Without limiting any of the foregoing, you also agree to abide by our Facebook Code of Conduct that provides further information regarding the authorised conduct of users on Facebook.

By submitting Messages to any news-sharing facility, blog or forum you agree to indemnify and hold harmless Wellmark Pty Ltd from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 8. The news-sharing facilities, blogs and forums contain Messages submitted by users over whom Wellmark Pty Ltd has no control. Wellmark Pty Ltd cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the news- sharing facilities, blogs and forums and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.  By submitting Message to a news- sharing facility, blog or forum you are granting Wellmark Pty Ltd perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. Wellmark Pty Ltd reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.  It is not possible for Wellmark Pty Ltd to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify Wellmark Pty Ltd immediately by means of the People.Productivity.Planet contact form.

User content posted on the site

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the ‘People.Productivity.Planet Code of Conduct’, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. When you post User Content to the Site, you authorize and direct us to make such copies thereof, as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Wellmark Pty Ltd does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

User disputes

You are solely responsible for your interactions with other People.Productivity.Planet users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

9. No warranty, disclaimer of liability and indemnity

Whilst every effort has been made to ensure the high quality and accuracy of the Site, Wellmark Pty Ltd makes no warranty, express or implied concerning People.Productivity.Planet Content, the Site, software or products or services available through the Site (the “Site Services”). The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at Wellmark Pty Ltd’s sole discretion and without notice. Wellmark Pty Ltd expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Wellmark Pty Ltd, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Wellmark Pty Ltd has been advised of the possibility that such damages may arise. Wellmark Pty Ltd does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are free from viruses or other contaminating or destructive properties. In no event will any liability of Wellmark Pty Ltd, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Wellmark Pty Ltd exceed the amount, if any, paid by you to Wellmark Pty Ltd in respect of the particular Site Service to which the claim relates.  Upon Wellmark Pty Ltd’s request, you agree to defend, indemnify and hold harmless Wellmark Pty Ltd from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.  Wellmark Pty Ltd will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site. Wellmark Pty Ltd does not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Wellmark Pty Ltd or the server that makes it available, are free of viruses or bugs. To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Liability of Wellmark Pty Ltd, for any breach of a term or condition implied by law is limited at Wellmark Pty Ltd’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again. You indemnify Wellmark Pty Ltd and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.

10. Force majeure

Wellmark Pty Ltd, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of People.Productivity.Planet content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

11. Miscellaneous

Changes to these Terms

Wellmark Pty Ltd may, in its discretion, change these Terms (including those relating to your use of Site and/or People.Productivity.Planet Content). When Terms are changed, Wellmark Pty Ltd will notify you by publishing details of those changes by including them in these Terms. If you use the Site after Wellmark Pty Ltd has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain People.Productivity.Planet Content may be subject to additional terms and conditions.

Advertising, third party content and other websites

Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Wellmark Pty Ltd is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Wellmark Pty Ltd is not responsible for the availability of these web sites or their contents.

Assignment of agreement

This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. Wellmark Pty Ltd may assign this agreement to a third party.

Non-waiver

No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Notices

Notices to Wellmark Pty Ltd must be given in writing by letter and sent to Wellmark Pty Ltd’s last known place of business in Melbourne.

Notices to you may be given in any form determined by Wellmark Pty Ltd in its absolute discretion, including without limitation by email, sms or other form of electronic communication.

Severability/survival/statute of limitations

If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Australia, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.  Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.

Headings

Headings in these Terms are for convenience only and have no legal meaning or effect.

12. Governing law and jurisdiction

These Terms shall be governed by, and construed in accordance with, Australian law. The parties irrevocably agree that the courts of Australia shall have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Australian courts. Users will not use this site for any purpose or in any way, which is unlawful.

For further information

Please contact us to ask for access to your information or if you have a complaint concerning your information privacy or if you would like more information about our approach to privacy.

Wellmark Pty Ltd, Level 3, 650 Chapel St, South Yarra, VIC 3141, info@wellmarkperspexa.com

Current posts

Terms and conditions