Terms of Service

The following terms and conditions govern all use of the 3CM Group "Profiling On Demand" website http://www.3CM.com.au (herein referred to as the Website) and all content, services and products available at or through the website, including, but not limited to, Initiatives, Diagnostic Questions, Reports, Analytics, Action Plans, Reminders and Auto-generated E-mails. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, 3CM Group's Privacy Policy and Refunds Policy) and procedures that may be published from time to time on this Site by 3CM Group (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If 3CM Group considers these terms and conditions an offer, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 15 years old.

  • 3CM Group Content. 

Much of the Website involves content and concepts that are the proprietary work of the 3CM Group with its strategic alliances and partners, including but not limited to the Driver Diagram, Diagnostic Questions, Profiling Methodology, Profiling "3 Stage Process" (including it's derivative "4 Stage" process) and all web pages, graphics and copy contained herein.

  • Your Profiling On Demand Account. 

If you create an account or an initiative, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with an initiative.

  • Your Action Plans. 

Initiatives created using the On Demand tool provide you the facility to create Action Plans, reports and documents for yourself, someone else or any other association of people. Any Action Plans, web pages or other documents generated by you using the On Demand tool (any such material, "Content") must comply with the Agreement as well as our Privacy Policy.

  • Other Users. 

As initiatives can be assigned to other individuals (who must also agree to the Agreement when creating an account), you agree to be held responsible for their actions with regards to any initiatives they have been assigned. You must immediately notify 3CM Group of any unauthorised uses of your initiatives, your account or any other breaches of security. 3CM Group will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

  • Responsibility of Contributors. 

If you choose to assign users to access your initiatives, provide them access to your account or in any other way allow them to create Content that may be directly or indirectly linked to you, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • The Content is not promoted anywhere via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • Your Initiatives, the name you identify yourself with, your email address, your username and the Content are not named or contain content in a manner that misleads intended recipients of the Content into thinking that you are another person or company. For example, your initiative name does not contain the name of a person other than yourself or company other than your own, or in the case of any of your clients, a company you have not had express permission to use these tools with; and
  • You have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by 3CM Group or otherwise.

 

  • Submitting Content for Your Action Plans

By submitting Content to 3CM Group for inclusion in your Action Plan and Initiative, 3CM Group acknowledges that such Content which is unique and created by you and is your intellectual property. 3CM Group will never copy, modify or reproduce this content without your express permission (written, electronic or verbal) or unless it is expressly required by law (or request of a law enforcement body with the requisite jurisdiction). If you delete Content, 3CM Group will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

  • Without limiting any of those representations or warranties 

3CM Group has the right (though not the obligation) to, in 3CM Group's sole discretion (i) refuse or remove any content that, in 3CM Group's reasonable opinion, violates any 3CM Group policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in 3CM Group's sole discretion. 3CM Group will have no obligation to provide a refund of any amounts previously paid.

  • Free Services

The basic version of the On Demand tool (hereby "Personal Edition" or "Personal Edition Initiative") enables you to gain access to a substantial portion of the On Demand offering at no charge. Any number of initiatives in your account may be created using the Personal Edition.

Optional paid services are available such as extra diagnostic questions, surveying additional people ("seeking the views of others") or any upgrades to the initiative purchased after it has been initially set up (any such services, a "Premium Feature").

Any use of Personal Edition Initiatives is provided as-is, with no additional support or services. 3CM Group can terminate or deny access to and use of any Personal Edition Initiative to any individual or entity for any reason, in 3CM Group's sole discretion. This may include a site-wide removal of the free offering, or limiting the capacity of your account to set-up Personal Edition Initiatives, with no warranty, notification or obligation.

  •  Fair Use Policy. 

Use of the Personal Edition is provided in good faith and is subject to a Fair Use policy. Fair Use is to be determined at 3CM Group's sole discretion and will include anything that is considered to be placing a burden on any other customer, client or any member or affiliate of 3CM Group. Should your use of the Personal Edition be found excessive and in violation of Fair Use any or all of the following may apply: termination of your account, closure of some or all of your Personal Edition Initiatives or a block in creating further initiatives (including initiatives with Premium Features).

  • ​Payment & Renewal

Annual License.  Setting up an initiative (Personal Edition or with Premium Features) grants you a 12-month access to use that initiative, including access to Content generated during that time. In order to access an initiative beyond that 12-month license, you are required to renew your subscription by paying an annual license fee. Those wishing to continue using the tool but who do not wish to renew their subscription are entitled to create another Personal Edition initiative identical to their previous one with the absence of any Content created in the first version. This is provided as a courtesy, is subject to Fair Use and can be revoked at any time.

General Terms.  By selecting a Premium Feature on an initiative you agree to pay 3CM Group the one-off upgrade fee indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Premium Feature and will cover the use of that Premium Feature while the initiative it was purchased for has a valid license. Purchases of Premium Features are not refundable.

No Automatic Renewal.  Unless you notify 3CM Group before the end of the applicable subscription period that you want to renew your access license, 3CM Group will automatically cancel access to an initiative, which has exceeded its 12-month license.

Premium Features and Annual Licenses.  Premium Features (including those purchased after an initiative has been set up) are considered components of an initiative and do not carry their own license terms. Purchasing a premium feature does not automatically grant you access to a license renewal which be purchased separately. If a premium feature is purchased partway through the license term of an initiative and you chose not to renew its Annual License, access to that premium feature will also be revoked.

Premium Features are not transferable.  Premium features apply only to specific initiatives and cannot be assigned to another initiative or user, even if the initiative it was purchased for has expired.

  • Corporate Accounts & VIP Options

Corporate Accounts and Upgrade Options.  3CM Group under the terms and conditions for each such service provides VIP Accounts, Corporate Accounts and Additional Upgrades. All enquiries for these services must be made directly to 3CM Group and separate terms will need to be agreed to.

  • Responsibility of Website Visitors. 

3CM Group has not reviewed, and cannot review, all of the Content produced by the Website, and cannot therefore be responsible for that Content's use or effects. By operating the Website, 3CM Group does not represent or imply that it endorses the material there produced, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. 3CM Group disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content they’re posted.

  • Content Posted on Other Websites. 

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which coigroup.com links (in particular links made through the Content created by users), and that 3CM Group does not have any control over those non-3CM Group websites and webpages, and is not responsible for their contents or their use. By linking to a non-3CM Group website or webpage, 3CM Group does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 3CM Group disclaims any responsibility for any harm resulting from your use of non-3CM Group websites and webpages.

  • Copyright Infringement Policy. 

As 3CM Group asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by 3CM Group violates your copyright, you are encouraged to notify 3CM Group. 3CM Group will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 3CM Group will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of 3CM Group or others. In the case of such termination, 3CM Group will have no obligation to provide a refund of any amounts previously paid to 3CM Group.

  • Intellectual Property. 

This Agreement does not transfer from 3CM Group to you any 3CM Group or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 3CM Group. 3CM Group, Profiling On Demand, coigroup.com, cloud.coigroup.com the 3CM Group logo (and all its variants), and all other trademarks, service marks, graphics and logos used in connection with coigroup.com, or the Website are trademarks of 3CM Group or 3CM Group's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any 3CM Group or third-party trademarks.

  • Attribution. 

3CM Group reserves the right to display attribution links such as ‘Created by 3CM Group's Profiling On Demand Tool,' on any and all Content created using the Website.

  • Changes. 

3CM Group reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes.  Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. 3CM Group may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

  • Termination. 

3CM Group may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your coigroup.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  • Disclaimer of Warranties.

The Website is provided "as is". 3CM Group and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 3CM Group nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

  • Limitation of Liability. 

In no event will 3CM Group, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to 3CM Group under this agreement during the twelve (12) month period prior to the cause of action. 3CM Group shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  • General Representation and Warranty. 

You represent and warrant that (i) your use of the Website will be in strict accordance with the 3CM Group Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Commonwealth of Australia or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

  • Indemnification. 

You agree to indemnify and hold harmless 3CM Group, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

  • Security.

When purchasing from 3CM Group your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre mailto:info@coigroup.com

  • Miscellaneous.

This Agreement constitutes the entire agreement between 3CM Group and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 3CM Group, or by the posting by 3CM Group of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or the laws of the state of WA Australia will govern use of the Website, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Perth, WA Australia.  Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the rules and regulation set out by the Australian Competition and Consumer Commission (the ACCC) or by WA Fair Trading. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.  A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.  You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; 3CM Group may assign its rights under this Agreement without condition.  This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Version 1.0 Change Log:

  • January 10th 2013 - Terms of Service Created