Terms and Conditions

Service Terms of Use

SystemIO

Your use of the services outlined below is subject to the following legal agreement between you and SystemIO ("SystemIO") via the website at www.systemio.dev

The services provided by SystemIO is one-on-one coaching.

Your agreement with SystemIO includes these terms and conditions and related materials made available online or otherwise by SystemIO to you through other means and as modified from time to time ("Terms of Use"). Such modifications will be binding upon you once displayed on this website. You should regularly check the Terms of Use displayed on the website or otherwise notified to you.

You will be deemed to agree to the Terms of Use if you: (i) click to accept the Terms, or (ii) access the Site.

By accepting the Terms of Use, you agree that you are binding yourself to the Terms of Use as an individual.

Fees

You agree to pay the fees as set out on the Site.

SystemIO accepts payment for the fees via PayPal. SystemIO may change its payment provider at any time to provide the same or more payment methods for payment of fees.

If there is a dispute about whether a fee, refund or other amount contemplated by this agreement is payable or available, you must not withhold the amount in dispute.

From time to time, SystemIO may change the fees if it considers it commercially desirable to increase fees.

Registration to Access our Site

To register for access to our Site, you must complete all required information elements on the registration web pages ("Registration Information"). You understand and agree that when you provide the Registration Information, you are registering your own name for the purpose of benefit from our Site.

You must provide current, complete, and accurate information at registration and during the creation of any profile and maintain this information as current and accurate during your participation in the Site.

You agree to provide such information as SystemIO may require, including information necessary to validate your identity.

SystemIO has full discretion to grant and withdraw your access to the Site and any individual benefits at any time.

You are solely responsible for maintaining the confidentiality and security of your account. You should not reveal your Registration Information to anyone else or use anyone else's account.

Your passwords and account security: You agree and understand that you are responsible for access to and use of your account, including maintaining the confidentiality of passwords associated with any account you use to access the Site. You must keep confidential and secure your passwords and other confidential information relating to your access to our Site and Licensed Materials. You must notify us immediately of any known or suspected unauthorised use of the Site or Licensed Materials or any suspected known breach of security, including loss, theft or unauthorised disclosure of your passwords. Notwithstanding such notification, you will be liable for any and all use of the Site and Licensed Materials regardless of whether it was accessed fraudulently or improperly.

You agree to notify SystemIO immediately of any unauthorised use of your username or password or any other breach of security regarding the Site of which you have knowledge.

Use of your Personal Information

Privacy Policy: SystemIO will only use your information (including your Registration Information) in accordance with SystemIO's Privacy Policy available at www.systemio.dev/privacy-policy. You agree to the use of your data in accordance with SystemIO's privacy policies.

Your content: When you upload or otherwise submit content, you give SystemIO and its Affiliates a worldwide license to use, host, store, reproduce, modify, and create derivative works (such as those resulting from any changes to the formatting or file type which we might make to allow your content to work better), communicate, publish, publicly perform, publicly display, and distribute such content.

Marketing: You grant permission for SystemIO to use your name in company promotional materials and advertising for marketing purposes. This may include newsletters, other print media, television and the internet, in whole or part.

Analytics: If you access training content provided through the Site, SystemIO may share individual and aggregated statistics about your participation and results to allow SystemIO to evaluate and improve the Site materials and content.

Use of the Site and Services by you

In participating in the Site you agree to (i) use the Site only for purposes that are permitted by the Terms of Use and (ii) comply with all applicable laws in New South Wales, Australia.

You agree that you will not engage in any activity that interferes with or disrupts the Site or interferes with SystemIO's ability to provide the Site. Unless you have been specifically permitted to do so in a separate agreement with SystemIO, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any material which you receive through your participation in the Site for any purpose.

You must not publish or distribute the SystemIO Licensed Materials in any way (other than to the extent necessary for your own study and educational purpose).

You agree that you are solely responsible for (and that SystemIO has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which SystemIO may suffer) of any such breach.

Ending your relationship with SystemIO

You may end your participation in the SystemIO Site and stop accessing the License Materials provided to you at any time. You do not need to specifically inform SystemIO if you do so.

If you want to officially terminate your legal agreement with SystemIO before the Terms of Use expire, you may do so at any time by closing the account by which you access the Site.

SystemIO Ending its relationship with you

SystemIO believes you have breached any provision of the Terms of Use; or

SystemIO receives complaints about you from third parties; or

SystemIO are required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful); or

SystemIO is no longer providing the Site or related services to entities in the country in which you are resident or from which you access the Site; or

believes that the provision of the Site to you by SystemIO is no longer commercially viable.

The License ceases, so you are no longer permitted to access the Site or have any of the benefits associated with the Site;

Your accrued rights or remedies of a party are not affected; and

You must erase, delete, destroy or otherwise, return SystemIO's Confidential Information or other property in your care, custody or control.

You must attempt to use or access the Licensed Materials following the termination of this legal agreement and acknowledges that SystemIO may disable access to the Licensed Materials.

SystemIO is constantly seeking to improve in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Site and related services that SystemIO provide may change from time to time without prior notice to you. SystemIO may also withdraw the Site or related services at any time without prior notice to you.

In the event that you distribute the Licensed Materials in breach of the Terms of Use (or SystemIO reasonably suspects that you have done so), SystemIO is entitled at its sole discretion to cancel your registration.

If SystemIO wants to officially terminate its legal agreement with you, it may do so at any time by (a) sending an email to the email address which you provide as part of the Registration Information, or (b) blocking your access to the Site. SystemIO may take that step if, for example (without limitation):

License expires or terminated: Upon expiration or termination of the License:

Survival: Termination or expiry of the License and agreement will not affect clauses 10.4, 11, 12, and 13 or any provision of this agreement which is expressly or by implication intended to come into force or continue on or after termination or expiry.

Warranties

All information provided by you is accurate and is not, whether by the omission of information or otherwise, misleading; you have not withheld from SystemIO any document, information or other fact material to the decision of SystemIO to enter into this legal agreement; you did not rely on any representation made by SystemIO or any related affiliates before entering into this legal agreement.

Each party warrants to the other that it will use reasonable care and skill in complying with its obligations under the Terms of Use.

Subject to Section 11.1 and to the fullest extent permitted by law, no implied conditions, warranties or other terms apply (including, without limitation any implied terms as to the satisfactory quality, fitness for purpose or conformance with description).

Intellectual Property Warranty: SystemIO makes no representation, or assurance and gives no warranty that the use of the Licensed Material will be fit for any particular purpose, or that the use of the Licensed Materials will not infringe the Intellectual Property rights of any third party.

Accuracy and Reliance Warranties: SystemIO accepts no responsibility for the completeness or accuracy of any of the Site (or any information provided in connection with the Site and makes no representations about their suitability for any particular purpose. Furthermore, to the extent that the provision of the Site involves the giving of any advice, training or recommendations, SystemIO provides no guarantee or assurance that that advice, training or recommendations will achieve any particular outcome, nor that it will not give rise to any particular consequence. Without limitation, you are responsible for independently verifying the advice, training or recommendations, and any associated information, advice, training and recommendations, and their suitability for any particular purpose, and you use the SystemIO Site and any associated information, advice and recommendations at your risk entirely.

Results and Accreditation: SystemIO does not warrant that use of the Licensed Materials and any associated information, advice, training and recommendations will achieve any particular outcome including any licence, accreditation, qualification or other approval. Without limitation, there may be other materials, documents and information necessary to achieve any such outcome. This will be influenced by a variety of factors outside of SystemIO's control including the practicalities of your particular circumstances and the actions of third parties.

Your Warranties: You represent and warrant as a condition of this agreement that:

Limitations of Liability

any indirect, special, exemplary, punitive or consequential loss, damage or injury whether arising in contract, tort, equity or otherwise which does not flow directly or naturally (ie. by the ordinary of things) from a breach of this agreement including but not limited to any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or

any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

any change which SystemIO may make to its Site, or Licensed Materials;

your failure to provide SystemIO with accurate registration or account information;

your failure to keep your password or account details secure and confidential and the consequent access and use of your account by another; or

any fraudulent use of the SystemIO Site, or Licensed Materials by you.

Nothing in these Terms of Use will exclude or limit SystemIO's liability for losses that may not be lawfully excluded or limited by applicable law.

Subject to Clause 12.1, all warranties (including, without limitation, warranties and conditions as to the fitness for purpose) whether express or implied by statute, common law or otherwise, are excluded to the extent permitted by law.

Without limiting the foregoing, to the extent possible by law, SystemIO specifically excludes any warranty to the accuracy or quality of the information received by any person via the Site, or the Licensed Materials and SystemIO shall not be liable for any loss or damage by you relying upon the Site, or the Licensed Materials.

SystemIO, its Affiliates and its Licensors will not be liable to you for:

To the extent permitted by law, the total liability of SystemIO, its subsidiaries and affiliates (and their licensors) will not exceed the amount that you have paid SystemIO to use the Site and Licensed Materials.

The limitation of SystemIO's liability to you will apply whether or not SystemIO has been advised or should have been aware of the possibility of such losses arising.

Representations: You acknowledge that no representations were made prior to entering into this agreement. You agree that, in entering into this agreement, you did not rely on any representations (whether written or oral) of any kind or of any person other than those expressly set out in this agreement. You shall have no remedy in respect of any representation (whether written or oral) made to it on which it relied in entering into this agreement and the seller shall have no liability otherwise than pursuant to the express terms of this agreement. Without limiting the foregoing, you acknowledge that SystemIO has not made any representations that the Site or Licensed Materials will achieve any particular purpose or objective.

Indemnity

You will defend, indemnify and hold harmless SystemIO, its Affiliates, agents, and licensors from any third-party claim or liability arising out of or related to your use and participation in the Site, the Licensed Materials (including a third-party claim against SystemIO in connection with your use of the Licensed Materials, including a claim by a Licensor) as well as breach of these Terms of Use.

Each indemnity contained in this agreement is a continuing obligation notwithstanding any settlement of account or the occurrence of any other thing, and it is not necessary for SystemIO to incur expense or make payment before enforcing or making a claim under an indemnity.

Costs and Taxes

Taxes: Subject to the clauses below, you must pay all taxes, duties, government charges and other taxes of a similar nature (including fines, penalties and interest) imposed or levied in Australia or overseas in connection with this performance of this agreement.

GST: Any words capitalised below have the meaning given to those words in the GST Act 2014 (Cth).

If either party has the right under this agreement to be reimbursed or indemnified by another party for a cost incurred in connection with this agreement, that reimbursement or indemnity excludes any GST component of that cost for which the Input Tax Credit may be claimed by the party being reimbursed or indemnified, or by its Representative Member, Joint Venture Operator, or other person entitled to the Input Tax Credit (if any).

General

Jurisdiction: The laws of New South Wales, Australia, govern this agreement. Each party irrevocably submits to the exclusive jurisdiction of the Courts of New South Wales, the Commonwealth of Australia and those Appeal Courts.

Discretion: Where SystemIO may exercise any right or discretion or make any decision under this agreement, SystemIO may do so in its absolute discretion, conditionally or unconditionally, and without being required to give reasons or act reasonably.

Clause 13.3 applies unless this agreement expressly requires otherwise.

Assignment: You may not assign or transfer any part of the Terms of Use without the prior written consent of SystemIO. SystemIO may subcontract, assign, or transfer any part of the Terms of Use at its sole discretion.

Delay no waiver: No failure or delay by either party in exercising any right, power or remedy under this agreement, except as specifically provided for in this agreement, will operate as a waiver of any such right, power or remedy.

Supersedes: This agreement supersedes all previous agreements about its subject matter this agreement embodies the entire agreement between the parties. The terms set out all terms agreed upon between the parties and supersede all other agreements between the parties relating to its subject matter.

Modification: The Terms of Use may be modified by SystemIO at any time to reflect changes in how SystemIO makes the Licensed Materials generally commercially available. The parties agree that such modification will be binding on both parties if you access and use the Site, or if made by SystemIO in writing (including by SystemIO sending an e-mail or posting a message on the Site).

Independence: The parties are independent and the Terms of Use do not create any agency, partnership, joint venture, employment, or relationship of trust between the parties.

Severance: A clause or part of a clause of this agreement if this agreement is illegal, invalid or unenforceable may be severed from this agreement and the remaining clauses or parts of the clause of this agreement continue in force.

Representations: To the extent permitted by law, any statement, representation or promise made in any negotiation or discussion, is withdrawn and has no effect except to the extent expressly set out or incorporated by reference to this agreement. Each party acknowledges and agrees that it does not rely on any prior conduct or representation by the other party in entering into this agreement.

Individuals: Where the context permits, a reference in the above paragraphs to SystemIO is a reference to any individual (whether or not an employee or officer of SystemIO), involved in the supply of the Licensed Materials and any associated information, advice or recommendations.

Terms of Use: These conditions are not limited in any way by any other conditions applying in respect of the use of the Site or any information accessible therefrom which other conditions are intended to have full force and effect in conjunction with these Terms of Use.