Terms And Conditions

Standard Terms & Conditions of Use

 Org. Culture Bites (“Company”, “we”, or “us”) values and respects our mutual rights and commercial relationship.

We are committed to protecting this relationship through the below Terms & Conditions for the use of our website and downloadable content obtained through the website www.orgculturebites.com.

You (the “User” or “Visitor”) refers to any person who visits our website.

A visitor who chooses to access resources (free or otherwise) via means of registration is referred to as a “Subscriber.” We also refer to a ‘Subscriber” as “Customer.”

 Please read these Terms and Conditions of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms & Conditions of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms & Conditions of Use and our Privacy Policy, incorporated herein by reference. By using our website, you confirm that you accept these terms and conditions of use and that you agree to comply with them.

If you do not want to agree to these Terms & Conditions of Use including the agreements incorporated by reference herein, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Org. Culture Bites reserves the right to revise these Terms and Conditions of Use and may do this at any time by amending this page. Please ensure that you check this page and any other associated policy pages on a regular basis to ensure you are aware of any changes we make that may have an impact on you, as these terms are binding.

1 – Introduction

• Our ‘company’is Culture Bites, a registered Australian business, number (ABN) 87 263 629 792.

1.2 ‘You’ refers to the Customer identified as the user, visitor, registered member, subscriber or purchaser of Org. Culture Bites products and services for individual and/or Organisational use.

1.3 These Terms and Conditions of Service (“these Terms”) govern our provision of the Org. Culture Bites online content or web-based downloadable products and service (“the Service“). We provide the Service only in accordance with these Terms. These Terms constitute a binding legal agreement between you and us (“the Agreement”).

1.4 Org. Culture Bites is committed to delivering quality products and services for our customers. If you have any complaints or questions about these, please contact us on: VIPCustomer@OrgCultureBites.com or Feedback@OrgCultureBites.com.

2 – Provision of the Service

2.1 In the Agreement, “Users” means you, the person identified as the website visitor or user in the Individual Membership, or employees of the organisation identified in the Organisation Membership classification (“the Associates”), and any independent third party consultants or other contractors of yours, but only whilst they are actively engaged pursuant to written agreements in activities for your benefit or the benefit of the Associates.

2.2 Your membership account will provide access to free online content or the ability to purchase Services and its Content (“the Content”) for use by the Users.  Use is subject to our Acceptable use terms in this agreement (see section 7.7 below for more detail).

2.3 Organisation “Memberships”or “Subscriptions” will also be subject to the overall limit on the number of Users specified in the Organisation Membership classification, during the membership period specified in the Membership Schedule and any renewal period (“the Membership Period”). Such access is to be obtained securely and compliantly in accordance with Membership Terms.

2.4 During the Membership Period each User is required to adhere to the Terms of Use as set out in section 7.7, Annexure 1 and 2.

2.5 For Organisational members, you agree to be responsible to us for the acts and omissions in relation to the Service of your employees and all Associates and their employees, and all third party consultants and contractors and others who are Users. Any such act or omission that would, if done by you,constitutes a breach of the Agreement and shall be treated as a breach of the Agreement by you.

2.6 We will observe all relevant Australian Privacy Data Protection legislation in relation to any personal data you provide to us and any personal data that may be provided to us by Users and we will use it only for the purposes of providing the Service. Please also refer to our Privacy Policy for further information.

3 – Membership Access to our website

3.1 In line with our philosophy to provide easy and affordable access to information that helps inform, educate and empower our audience, users and visitors are able access to our site and various types of content free of charge.

3.2 In order to access our website and some of the resources it offers, you may be required to provide certain registration details and information. It is a condition of your use of our website and content that you provide accurate, correct, current and complete information about yourself in order for us to provide the appropriate service to you. Please note that this information is subject to acceptable use terms (see section 7.7) and governed by our Privacy Policy.

3.3For free and paid membership access, you must ensure you keep access details safe and secure, including any login name, password, pin or token as may be needed to gain access to Org. Culture Bites’ content. You must not disclose this to any third party unless authorised under a separate agreement to do so. You may not obtain or attempt to obtain any materials of information through any means other than those made available to you through our website membership and registration process.

If we reasonably suspect that you are in breach of these or other provisions within our Terms & Conditions of Use, we reserve the right to disable or discontinue user access to our site.

If you believe any other third party may have unauthorised access to our site via your log in details, please notify us in writing at VIPCustomer@Org.CultureBites.com

3.4Org. Culture Bites aims to provide seamless access to Subscribers and/or Account holders. However, from time to time service access may be subject to unforeseen technical ‘outages,’ maintenance and upgrades. Where any outages are known in advance, we aim to provide at least 24 hours’ notice of this schedule to minimise disruption to our valued customers. However, we reserve the right to suspend, discontinue or change any or our entire site without prior notice and we will not be liable to you if our site or information is not available at any point in time.

The following are examples of unscheduled outages beyond our reasonable control and are to be considered when seeking access to Org. Culture Bites online Content products and services:

(a) circumstances beyond our reasonable control, including, but not limited to, acts of war or other hostilities, acts of God, earthquake, flood, embargo, riot or other civil disturbance, sabotage, power outages, labour shortage or dispute, governmental act, or failure of the Internet;

(b) failure of any part of a client’s system;

(c) denial of service issues outside our reasonable control;

(d) our acts or omissions when done at your request or that of any member or Associate; or

(e) any failure by you, any Associate or any User to provide information or approvals necessary to bring a system back online or release a system.

3.5 The type of Membership Accounts are classified below and may be subject to change from time to time. In the event of changes, Org. Culture Bites will provide advance notice to customers or detail these changes online for reference, prior to future purchase.

 

Type of membership	Description
Individual Membership	The individual member, who creates an account, agrees to applicable terms and conditions and who provides legitimate and accurate information about their role and payment details.
Organisational Membership:	The representative of an organisation, who creates a specific organisational account, who agrees to applicable terms and conditions and who provides legitimate and accurate information about their role and payment details. OCB Recognises representatives may change and requires contact details to be updated on the client account site when any transfer of ownership may occur.

 

3.6 Further to the membership classifications above, Org. Culture Bites may offer customers different tiers of access and service. These membership levels are likely to evolve over time, in accordance with market changes and customer need.

4 – Proprietary Rights

4.1 All copyright and other intellectual property rights (in any jurisdiction) in the Service and in the provision of Content are and shall remain the property of Org. Culture Bites. Nothing in the Agreement shall operate to transfer any such property to you or to any third party. The Content is provided for the personal use of Users during the Membership Period or the specific Service purchased for your benefit and that of any Associates of the Member Organisation.

4.2 Our website content is not for resale unless specifically authorised separately through a Signed, Organisational or Third Party Contractual Agreement. Our company name, logo, slogan, straplines and all related product and service names are trademarks of Org. Culture Bites and its owner.

4.3 The intent of our content is to provide tools and guidance to educate and enable personal and collective growth for performance at work. As such, Org. Culture Bites has made available products, tools and content that is freely available for shared consumption and use under the Org. Culture Bites brand. Users that have paid for access to content may download and store extracts from the Content purchased, print and modify them as reasonably required for their own personal use. Users may not otherwise remove the ORG.CULTURE BITES brand or logo, scan, copy, reproduce, adapt, translate, modify or create derivative works to resell or for commercial purposes without the prior written consent of ORG. CULTURE BITES. Neither you nor any User is permitted to create or recreate any independently accessible database or presentation of the downloaded Content.

If you would like Org. Culture Bites to partner with you to develop custom or bespoke material for you or your organisation for an affordable fee, please contact VIPCustomer@OrgCultureBites.com

4.4 If you would like to share free or paid membership information on our site with third party audiences, we encourage you to share appropriate links to our website homepage and recommend subscribing for membership. However, we request you share any links to our website in good faith, in a way that does not damage our brand or reputation and does not suggest or imply any form of association or endorsement from us, if no explicit approval or agreement exists. For the purpose of providing summary or extracted information in a presentation, users must acknowledge Org. Culture Bites and any related individual authors or contributors to the associated content.

If you are unsure about any aspect of the above information, please contact us at VIPCustomer@Org.CultureBites.com for assistance.

4.5 You shall not, and the Users shall not, provide access to any part of the Service and/or Content to any third party, except the Associates as permitted by these Terms. Further you and the Users may not transmit any downloaded Content to any third party.

4.6 We warrant that all downloaded or streamed Content available as part of the Service are owned by us or are validly licensed to us and that we have the right to grant any licence or subsidiary right to use the Content in accordance with the Agreement.

4.7 If you are the subject of any Claim against Org. Culture Bites, we are obliged to consider your defence, on the grounds that you or the relevant Associate or User:

a) waive all and any claims you may have now or in the future arising as a result of or in relation to our website or the Company

b) give us prompt notice of any Claim and not making any admission or taking any other step, whether by act or omission, that may jeopardise the successful defence or settlement of any Claim;;

c) provide reasonable co-operation with us, in the defence and settlement of any Claim;

d) give us sole authority to defend or settle any Claim.

e) agree that any assertion of a claim is presented through binding arbitration in Sydney, Australia. If you access our website or services from a location outside of Australia, you are responsible for being compliant with those laws. To the fullest extent possible by law, you shall also be responsible for all costs associated with initiating and the administration of any arbitration.

4.8 You warrant that any content or data provided by you to us in connection with any

Service provided (including without limitation your individual or organisational information, models, customised messages and all trademarks and logos) will not infringe the intellectual property rights of, or include any confidential information belonging to, any third party.

4.9 Any reasonably suspected breach of these terms will result in temporary or final termination of access to our site, content, service and products as we decide appropriate.

5 – Membership Charges

5.1. The current membership charges for use of the Service are set out in the Membership Terms on the website. For additional content, products and services outside of membership and subscriptions, prices are explained at the point of purchase of items, or provided directly by Org.Culture Bites through negotiated contractual agreement.Payment is due immediately at the commencement of membership or purchase of additional products or services.

5.2 We reserve the right to suspend the Service if our charges are overdue for payment and to terminate the Agreement after giving you 30 days’ notice of our intention to terminate the Agreement if payment is not made within such period.

5.3 If any sum payable to us under the Agreement is not paid by the date on which it is due, then we have the right to charge interest on the overdue amount at the Australian statutory rate. Where interest on any sum due is charged by us in accordance with these Terms, any payment later received will be applied first in payment of the interest due, and secondly in reduction of the indebtedness.

5.4 All sums are exclusive of any applicable goods and services tax. In Australia, the supply of goods and services are subject to a 10% tax (GST), the amount of which will be added to the sale of any service or product provided by Org.Culture Bites.

6 – Term and Termination

6.1 The Membership or Subscription Agreement will start on the Date the standard membership account is opened and the customer agrees to the terms and conditions stated by Org.Culture Bites. For alternative levels of membership access, products or services purchased, the Agreement will start on the date the transaction is made or signed.

6.2 Subject to payment of an agreed membership renewal fee being made by you and accepted by us on or before each Renewal Date, the Service will continue to be provided for successive renewal Membership Periods starting on each such Renewal Date.

6.3 We reserve the right to terminate your access to the website and related services or any part thereof at any time without notice at our sole discretion, if we reasonably suspect a breach of our Agreements or Terms & Conditions of Use.

To the full extent permitted by law, you consent to resolve any and all disputes arising under or related to this website or the Terms & Conditions of use in good faith. All disputes or claims are pursuant to the conditions outlined in section 4.7 of these terms.

Either party is entitled to terminate the Agreement immediately on written notice to the other if the other party:

a) commits any material breach of the Agreement that is not capable of remedy; or

b) commits any material breach of the Agreement that is capable of remedy and fails to remedy it within 30 days after receipt of a written notice giving full particulars of the breach, requiring it to be remedied and warning of the sender’s intention to terminate the Agreement if it is not so remedied.

6.4 For annual or multi-year memberships, we will contact you in advance of the Renewal Date.

7 – Warranty and Liability

7.1 We will provide the Service and the Content to the Users with reasonable care and skill and will use our reasonable endeavours to maintain accuracy and continuity of the Service in accordance with agreed service levels. However, we cannot guarantee that the Service will be continuous or error free and we do not warrant that it will meet your specific needs or those of all the Users.

7.2 Some of our tools and products include interactive services such as online forums, blogs, virtual workshops and interactive webinars. If there are any forms of moderation, we will provide information about this service and endeavour to monitor any possible risks to all users involved. However, we have no obligation to assess or manage communications and will not be liable for any loss or damage that may arise from the use of interactive services we provide. We remind users that their safety and security online is important to us, however users must be individually responsible for protecting themselves, their hardware and software from any harmful actions, comments or behaviors online.

7.3 The information and content provided on our site is for general education purpose only. Whilst our intention is to provide information and guidance to help educate and enable individuals and organisations, we do not intend to be the sole source of information upon which you rely on. We recommend that you obtain additional specialist and professional advice before taking or refraining from any action on the basis of information you have accessed on our site.

7.3 In order to provide contemporary information and evolving service reflective of market and industry development, Org. Culture Bites may update our site from time to time. We therefore reserve the right to change the content at any time. If content remains unchanged, it may become outdated however we are under no obligation to update this. If errors or omissions do exist, please contact us on Feedback@OrgCultureBites.com and we will endeavour to correct information where appropriate.  Please note that we do not guarantee that our site or any content available on it will be completely error free.

7.4 WE MAKE NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. NEITHER DO WE MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND – EITHER EXPRESS, IMPLIED, BY STATUTE OR OTHERWISE – THAT RELATE TO OUR CONTENT, INFORMATION, MATERIALS OR SERVICES PROVIDED AND THE QUALITY, FITNESS FOR PURPOSE OR COMPLIANCE TO SUCH DESCRIPTIONS, TO THE FULLEST EXTENT PERMITTED BY LAW.

7.5 WE DO NOT ACCEPT LIABILITY FOR ANY SPECIAL LOSS OR ANY INDIRECT OR CONSEQUENTIAL LOSS OF ANY NATURE (INCLUDING WITHOUT LIMITATION ANY ECONOMIC LOSS OR OTHER LOSS OF BUSINESS, PRODUCTION, REVENUE, PROFIT, GOODWILL OR ANTICIPATED SAVINGS), WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHERWISE, AND WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS ARISING HAS BEEN BROUGHT TO OUR ATTENTION.

We will not be liable to any user for any loss or damage arising from any association with or connection to the use of or inability to use any content on our website.

7.6 Whilst we take extensive measures to protect the security and health of our systems, we do not guarantee that our site will be completely secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, service attack or harmful event that may infect your hardware or software programs or damage data due to the use of our website, use of content or any linked website.

7.6 Whilst we may be associated with third party suppliers of content or contributors on our website, we will not be liable to any third party or responsible for the accuracy or content of any item posted by you or any other user or contributor on our site.

7.7 Acceptable Use: We reserve the right to remove any posting you or any other users make on our site if in our reasonable opinion, it does not comply with lawful standards of use. This includes but is not limited to use that:

• Breaches local, national or international laws and regulations
• Is fraudulent, misrepresentative or intended for unlawful purposes
• Infringes on any copyright or trademark owned by another
• Harms or attempts to harm, discriminate or harass others in any way. This includes comments made that are defamatory, obscene, offensive, hateful, inflammatory, or be interpreted as promoting hatred, violence or sexually explicit material in any way.
• Deliberately and knowingly contains or transmits viruses (e.g. worms, Trojan horses, time bombs, keystroke loggers, spyware, spam ware, adware) or any other harmful programs or codes that are designed to adversely affect computer systems and users.

If we reasonably suspect any unlawful activity from you on our website, we will report any such suspicion or breaches to the relevant law enforcement authorities. We will corporate with authorities to enable their investigation which may include disclosure of your identity and any other details required. We also reserve the right to terminate your use of our site immediately and indefinitely.

7.8 Our website may contain links to other “Linked Websites” for the purpose of sharing or referencing information. However, other Linked Websites are not under our control and we are not liable or responsible for the contents or omission of contents on these sites. Linking websites does not imply any endorsement or association of our company to the website, the connected companies or owners.

8 – General Agreement

8.1 Except as otherwise specifically provided, a person who is not a party to the Agreement may not enforce any of its terms.

8.2 The Agreement constitutes the entire agreement between the parties concerning its subject matter, and supersedes any previous understanding or agreement, express or implied. Each party confirms that it has not relied upon any representation not recorded in writing in the Agreement inducing it to enter into the Agreement. No variation of the Agreement shall be valid unless it is in writing, refers specifically to the Agreement and is signed by the authorised representatives of both parties on or after the date of the Agreement.

8.3 Each party shall keep secret and treat as confidential all information obtained from the other which is either stated to be confidential or could reasonably be regarded as confidential (including the terms of the Agreement) and shall not disclose such information to any person other than its employees, agents or sub­contractors where such disclosure is required for the performance of the party’s obligations under the Agreement. This paragraph shall not extend to information which was already in the lawful possession of a party prior to the Agreement or which is already public knowledge or becomes so subsequently (other than as a result of a breach of this clause) or which is trivial or obvious. The obligations of confidentiality under this clause shall survive any expiry or termination of the Agreement.

8.4 Organisations using the Org. Culture Bites Organisational Membership service, consent to the collection of your company name and publicly recognisable images. We may, from time to time, use this information for any purpose, including marketing purposes, unless otherwise agreed in writing.

8.5 If any dispute arises out of or in connection with the Agreement we will both attempt to settle it by mediation in accordance with section 4.7 and if required, an agreed Mediation Procedure.

8.6 Applicable Law: The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by Australian law and the parties irrevocably submit to the non-exclusive jurisdiction of the Australian Courts.

8.9 This agreement, as well as the Privacy Policy constitutes the entire agreement between the user and our company with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether in oral, electronic or written form, between the user and the company with respect to this website. Unless otherwise agreed with third parties, this agreement and all related documents are to be written in English.

Org. Culture Bites welcomes your questions or comments regarding these terms and respectfully invites potential users to contact us on NewCustomerEnquiry@OrgCultureBites.com

Annexure 1

Terms of Use for Each Individual Member Level User

 Your access to ORG. CULTURE BITES is subject to the terms of agreement between ORG. CULTURE BITES and You. By accessing ORG. CULTURE BITES online, you agree to abide by the rules within this Terms of Use and you are responsible for compliance with the terms.

 

1. Using ORG. CULTURE BITES

• The Content in ORG. CULTURE BITES online is provided for your personal use during your membership or trial period. Your right to use or access the Content ceases on expiry of your company’s membership or trial,or if your use is otherwise terminated by ORG. CULTURE BITES.
• ORG. CULTURE BITES Content is protected by copyright and other intellectual property rights, and shall remain the property of ORG. CULTURE BITES.
• You may download and store readable extracts from the Content and print them for your own personal use during your membership period.
• You must not otherwise remove the ORG. CULTURE BITES brand or logo, scan, copy, reproduce, adapt, translate, modify or create derivative works from the Content for resell or commercial use. You are not permitted to create any independently searchable database or access to the Content.
• You must keep access details safe and secure, including any login name, password or token as may be needed to gain access to ORG. CULTURE BITES’ Content.
• You must not provide access to ORG. CULTURE BITES or its Content to anyone else. ORG. CULTURE BITES has priced products and services to reflect the philosophy of providing easy and affordable access to content to audiences and in doing so, trust customers will recommend membership to others if our content is valued.
• It is your responsibility to evaluate any advice or suggestions made in the Content accessed by you at ORG. CULTURE BITES before acting on it in any way. Any actions you take as a result of anything you read at ORG. CULTURE BITES are entirely your responsibility.
• Where applicable, you are also responsible for the form, Content and accuracy of any postingsor material introduced by you.

2. ORG. CULTURE BITES’ rights

• ORG. CULTURE BITES reserves the right to remove any postings or material introduced by users if it considers inappropriate, without explanation, at any time.
• ORG. CULTURE BITES also reserves the right to change these Terms of Use at any time.
• ORG. CULTURE BITES is not responsible for any postings or Content on forums, sites or links external to www.orgculturebites.com, and can accept no liability for these.
• Anyone found in breach of these rules may be excluded from ORG. CULTURE BITES online and/or cause the organisation’s membership to the service to be terminated.

 

Terms of Use for Each Organisation Member Level User

 Your access to ORG. CULTURE BITES is subject to the terms of agreement between ORG. CULTURE BITES and your company or organisation. By accessing ORG. CULTURE BITES online, you agree to abide by the rules within this Terms of Use and you are responsible to your employer or principal for compliance with the terms.

 

1. Using ORG. CULTURE BITES

• The Content in ORG. CULTURE BITES online is provided for your personal use during your membership or trial period. Your right to use or access the Content ceases on expiry of your company’s membership, or if your use is otherwise terminated by ORG. CULTURE BITES.
• ORG. CULTURE BITES Content is protected by copyright and other intellectual property rights, and shall remain the property of ORG. CULTURE BITES.
• You may download and store readable extracts from the Content and print them for your own personal use during your membership or trial period.
• You must not otherwise remove the ORG. CULTURE BITES brand or logo, scan, copy, reproduce, adapt, translate, modify or create derivative works from the Content for resell or commercial use. You are not permitted to create any independently searchable database or access to the Content.
• You must not use Org.Culture Bites Content with an alternative employer. When you leave employment of the organisation holding an Agreement with Org.Culture Bites, yourmembership via that employer also ends.
• You must not provide access to ORG. CULTURE BITES or its Content to anyone else. You must keep access details safe and secure, including any login name, password or token as may be needed to gain access to ORG. CULTURE BITES’ Content.
• It is your responsibility to evaluate any advice or suggestions made in the Content accessed by you at ORG. CULTURE BITES before acting on it in any way. Any actions you take as a result of anything you read at ORG. CULTURE BITES are entirely your responsibility.
• Where applicable, you are also responsible for the form, Content and accuracy of any postings or material introduced by you.

2. ORG. CULTURE BITES’ rights

• ORG. CULTURE BITES reserves the right to remove any postings or material introduced by users if it considers inappropriate, without explanation, at any time.
• ORG. CULTURE BITES also reserves the right to change these Terms of Use at any time.
• ORG. CULTURE BITES is not responsible for any postings or Content on forums, sites or links external towww.orgculturebites.com, and can accept no liability for these.
• Anyone found in breach of these rules may be excluded from ORG. CULTURE BITES online and/or cause the organisation’s membership to the service to be terminated.

 

Annexure 2

Overview of Membership Levels, Access and Services

 

Member Benefits	Free Online	Standard Membership	Additional Online Shop Purchases	Organisation Membership
Access to free online information, tools & guidance	FREE	FREE	FREE	FREE
Access to additional Content and the ability to securely pay for Services on demand		✔️	✔️	✔️
Access to discounts on shop, ‘bundle’ purchases, minimum spends and exclusive access to specific products, including selected recorded webinars		✔️		✔️
Access to participate in ‘Live’ Webinars & workshops		✔️	✔️	✔️
Invitation to Group Coaching Circles (virtual participation)		✔️	✔️	✔️
Access to 1:1 Coaching		✔️	✔️	✔️
Co-Branding on all Content				✔️
Customised content, materials, tools & guides.				✔️