changetracking.com Terms of UseOwner
The changetracking.com web site (“this site”) is owned and operated by ChangeTrack Research Pty Ltd, a company incorporated under the laws of the Commonwealth of Australia (“CTRE”, “we”, “us” and similar).
Acceptance of Terms of Use
By using or accessing this site you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are not authorised to use this site. Please review the following terms, conditions and disclaimers which govern your use of our site.
Governing law and jurisdiction
CTRE controls and operates this web site from its offices within Australia. Our Terms of Use are governed by the laws of the State of New South Wales. You and CTRE agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. CTRE does not wish to violate any other States’ laws, so if you choose to access this site from a location outside Australia, you are responsible for compliance with applicable local laws.
Revisions to terms of Use
CTRE may revise or amend these Terms of Use at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by these Terms of Use as so revised. You should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
Site contents, ownership, and use restrictions
The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated, all rights (including copyright) in all information, content and other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as “the Content”) are owned or controlled, and are reserved by CTRE and our licensors. The following are trade marks owned or licensed by CTRE: ChangeTrack, ChangeTracking, PerformanceTrack, PerformanceTracking, SustainabilityTrack and SustainabilityTracking.
Personal, non-commercial use
CTRE grants you permission to display, copy, distribute, download, and print in hard copy portions of this site solely for the purpose of browsing this site for your own personal use to learn more about us in order to determine if you wish to engage us and, if you register as a user with this site, participating as a registered user at and with this site, provided that you:
1. do not modify this site and that CTRE retains all copyright and other proprietary right contained in the Contents; and
2. must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.
Cookies
This site uses cookies to provide and enhance users’ experiences. If you disable cookies you may not be able to use some or all of the functionality and content otherwise available at this site. A cookie is a piece of information that an Internet website sends to your browser when you access information at that site. Upon receipt of the information your browser saves the information on your hard-disk (unless your browser doesn't support cookies). Each time you use your computer to access that same website, the information that was previously received is sent back to the website by your browser. Most commonly used browsers support the use of cookies. While cookies in themselves may not identify you, in the way a name or address does, a cookie could potentially be linked with other identifying information. For example, if you register as a user with the site, then the cookies can be used to build up a profile of your browsing habits and what you are interested in at the site.
We can use your uploads
You may be able to upload information to parts of this site (“Your Content”). You warrant that you are authorised to upload Your Content to this site. You grant CTRE an irrevocable, non-exclusive licence to use, in perpetuity and for any purpose including without limitation commercial exploitation, Your Content that you upload or transmit at, to or by means of this site or otherwise provide to CTRE from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these uploads or transmissions for any purpose and without restriction or compensation.
User Indemnity
YOU AGREE TO INDEMNIFY AND WILL KEEP CTRE INDEMNIFIED AGAINST ANY CLAIM, DEMAND, INJURY, DAMAGE, LOSS, EXPENSE, COST OR LIABILITY (WHETHER DIRECT OR INDIRECT) MADE AGAINST OR SUFFERED BY CTRE IN CONNECTION WITH YOUR USE OF THIS SITE (INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY USING THIS SITE), YOUR BREACH OF THESE TERMS OF USE OR YOUR BREACH OF ANY RIGHTS OF THIRD PARTIES INCLUDING IN RESPECT OF THE USE OF YOUR CONTENTS.
Disclaimer of liability
TO THE EXTENT PERMITTED BY LAW, CTRE WILL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES OR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING (BUT NOT LIMITED TO) LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH:
- THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE;
- GOODS OR SERVICES SUPPLIED BY CTRE OR ANY THIRD PARTY UNDER THESE TERMS OF USE.
- A FAILURE OR OMISSION ON THE PART OF CTRE TO COMPLY WITH ITS OBLIGATIONS UNDER THESE TERMS OF USE.
Disclaimer of warranty
CTRE IS PROVIDING THIS SITE AND ITS CONTENTS ON AN 'AS IS' BASIS AND USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS BELIEVED TO BE ACCURATE, COMPLETE, CURRENT AND RELIABLE AT THE DATE THE INFORMATION WAS PLACED ON THIS SITE. CTRE AND ITS RELATED COMPANIES, AFFILIATES, LICENSORS OR LICENSEES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE INFORMATION CONTAINED ON THIS SITE (INCLUDING IN RELATION TO ANY PRODUCTS OR SERVICES). TO THE EXTENT PERMITTED BY LAW, INCLUDING ANY NON-EXCUSABLE STATUTORY OBLIGATIONS, NONE OF THEM WILL BE LIABLE OR RESPONSIBLE IN ANY WAY (INCLUDING IN NEGLIGENCE) FOR ERRORS IN, OR OMISSIONS FROM, THE INFORMATION CONTAINED ON THIS SITE.
TO THE EXTENT PERMITTED BY LAW, CTRE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR PURPOSE.
Limitation of liability
OUR TOTAL LIABILITY TO YOU (IF ANY) IN CONNECTION WITH THIS SITE, OR WITH THESE TERMS OF USE OR ANY GOODS OR SERVICES SUPPLIED UNDER THEM, WILL BE LIMITED, AT OUR ELECTION, TO:
- IN THE CASE OF INFORMATION OR SERVICES SUPPLIED OR OFFERED BY US – THE RE-SUPPLY OF THE INFORMATION OR SERVICES OR PAYMENT OF THE COST OF DOING THIS.
- IN THE CASE OF GOODS SUPPLIED OR OFFERED BY US – REPAIR OR REPLACEMENT OF THE GOODS, SUPPLY OF EQUIVALENT GOODS, OR PAYMENT OF THE COST OF DOING THIS.
- THE AMOUNT PAID BY YOU (IF ANY) TO US
Rights we cannot exclude
Nothing in these Terms of Use (including the above disclaimer and liability limitation) is intended to exclude any rights which by law may not be excluded.
Termination
Your ability to use this site may be terminated by CTRE at any time without notice. All restrictions, licences granted by you and limitations of CTRE' liability will survive termination.
Registration Data and User Accounts
This site enables you to register as a user with this site. This will require you to submit information including all required personal information. We treat all personal information submitted to us in accordance with our Privacy Policy, which is available online for you to read or print out. To see our Privacy Policy go <here>.
As a person who applies to register with this site, or any other service we provide from time to time, you agree to:
• submit only true, accurate, current and complete information about yourself as prompted by this site's registration procedure or us (“the Registration Data”); and
• maintain and regularly update the Registration Data to keep it true, accurate, current and complete. This includes an obligation on you to notify us immediately if there is a change, and to modify the Registration Data to reflect the new situation.
As part of the Registration Data, you must provide us with personal information required by the registration process at this site, to allow us to determine whether to enable your application or continue to allow access to your account once created. If you provide any information to us or through this site, including any Registration Data, that is untrue, inaccurate, not current, not updated as it becomes outdated or incomplete or inaccurate, or we suspect that you have provided such information to us, we may suspend or terminate your account and refuse any and all current or future use of this site or any part.
If we consider it appropriate, for example to verify that the information we have received from you is accurate, we may contact you via the contact details you provide to us. Subscribers to any email newsletter acknowledge that:
• provision of the email newsletter to you is subject to these Terms of Use;
• we may discontinue the subscription at any time;
• the email newsletter contains copyright material;
• the email newsletter is provided solely for individual subscribers' information and personal use; and
• the email newsletter may not be reproduced or disclosed in part or whole without our prior written permission.
Prohibited conduct
You are not authorised, without the prior written permission of CTRE and each other owner of rights in content that you access via this site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trade mark (whether registered or otherwise) that is contained on this site or otherwise used by CTRE may be used without our prior, specific, written permission or that of the trademark owner. You must not upload, post, transmit or otherwise make available through this site any material which:
- violates or infringes the rights of others (including their privacy and intellectual property rights);
- is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
- restricts or inhibits any other user from using or enjoying this site;
- affects the functionality or operation of this site or its servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or
- breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require CTRE to take remedial action under any applicable industry code.
Please note that the permission granted to use material on this site terminates automatically if you breach any of these Terms of Use.
Information at and through this site
In general, this site presents information about polls controlled by the users of this site. We make no representations as to the accuracy of the information presented at or via this site that has not expressly originated with us. Unless the information is noted as expressly originating with us, the information presented at or via this site is deemed for the purposes of the Terms of Use not to originate with us. CTRE does not prepare the content of information that is contained on sites that are linked to this site (“Linked Sites”). We take no responsibility for the content or any other aspect of Linked Sites. Any links at this site are for information only, and are not an endorsement of the content at the Linked Sites.
You agree that you must evaluate, and bear all risks associated with the use of all information at or accessible from this site, including any reliance on the accuracy, completeness, or usefulness of it. By using this site you agree that CTRE and any of its subsidiary or related or affiliated companies or any of their employees or agents are not responsible for:
• the accuracy or otherwise of the information displayed or omitted from this site or Linked Sites;
• any person's reliance on information available or omitted from this site or Linked Sites;
• any loss in connection with the use of this site or any Linked Site.
Other provisions
The Terms of Use constitute the entire agreement between you and CTRE, and governs your use of this site, superseding any prior agreements between you and CTRE. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software.
Headings in the Terms of Use are for convenience only and do not affect interpretation.
The failure of CTRE to exercise or enforce any right or provision of the Terms of Use must not be treated as a waiver of the right or provision.
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action against CTRE or any of our officers, employees, or agents arising out of or related to use of this site or the Terms of Use must be filed within one year after the claim or cause of action arose, or be forever barred.
You agree that there is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between CTRE and any user simply by virtue of this site or creation or use of a user account at or by means of this site. Your rights and obligations under the Terms of Use are personal and may not be assigned or dealt with in any way without the permission of CTRE, and permission may be withheld in CTRE's absolute discretion.
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