These "Terms of Use" (“TOU”) apply to any "Participants" (or "you") who accesses and/or uses our electronic products, software, website or apps. “Participant” means any individual person to whom we provide Services on behalf of the Client (or, in cases where that person is the Client, means the Client), whether a principal, employee or other associate of the Client, and includes any person who assumes that person’s position within the Client's organisation. Participants includes, but is not limited to "Coachees" and "Users" who are specific types of Participants.

As required by our Terms & Conditions, Clients must ensure that every Participant or User whom it authorises to participate in, access and use our Programs and Services agrees to comply with the following Terms of Use, and every Participant or User who in fact does so may be requested by Integral to indicate that he or she has read and understood these Terms of Use as a precondition of accessing and/or using the Services.

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By using, participating in or accessing our Programs and Services, or by checking the “I agree” button (or similar button) that is presented to you at the time of creating an Account or accessing our Services, you are indicating your acceptance to be bound by this Agreement.

Our Agreement with the Client incorporates these Terms of Use, Our Privacy Policy, our General Terms & Conditions, the Definitions & Interpretation, and the relevant Quote (collectively the “Agreement”). Please read this Agreement carefully before proceeding with any use of our Services. If you do not accept the terms and conditions of this Agreement, please cease using our Services immediately.

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Last updated: 23 August 2021

1. Definitions

1.1. In this TOU the Definitions as outlined on the Definitions & Interpretation page apply, unless defined here.

2. Reciprocal Obligations

If you are a Participant who is not a Client, or obligations to you are limited to the promises that we make in these TOU specifically. Your obligations to us, whether you are just a Participant (and not a Client) or both are as set out here, and are personal. We are giving you access to our Services on the basis that you take personal responsibility for complying with these TOU.

3. Scope and Term of Services

1. We will provide you with access to the Services that we have agreed with your Client to make available to you, subject to all conditions and restrictions included in our agreement with your Client, including licensing conditions that apply to the use of our Intellectual Property.

2. You do not have an independent right to claim delivery of or access to those Services, simply by reason of being a Participant.

3. We may terminate or suspend your access to the Services on any basis permitted by our agreement with your Client or these TOU, and the duration of your access is determined by that agreement.

4. Recommendations

1. No person should act on any information, recommendations, products or services provided by us before they have formed their own opinion through investigation and research as to the suitability of the information, products or services for their own circumstances.

2. Please note occasionally we provide wellness and wellbeing advice, however we do not provide professional medical or mental health diagnosis or treatment advice. Our Services are not a substitute for the advice of a medical professional, and the information made available on or through our Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, you should consult a medical professional.

3. Because our Services are in the nature of consultancy and coaching services, where the outcome of our advice and recommendations depends on your cooperation and/or accurate and substantial implementation, we bear no liability for your losses resulting from your non-cooperation or failure to properly implement our advice and recommendations. In addition, because multiple factors beyond our control will influence the outcome of that implementation, while we use our best efforts to provide you with appropriate and useful advice and recommendations, we do not guarantee results.

5. Privacy and Confidentiality

1. Your privacy is important to us. We keep all personal information confidential, in compliance with the Privacy Act 1988 (Cth) of Australia. To understand how we collect, manage and handle your Information please read Our Privacy Policy.

2. If any person whose personal information we acquire is a resident of the European Union, we will store, use and disclose that information in compliance with the GDPR as per Our Privacy Policy.

3. We take our privacy obligations seriously, and we will safeguard your personal information in the manner set out in clause 9 of the Terms & Conditions, in accordance with the Privacy Act 1988 of Australia, and our Privacy Policy.

4. We will rely on you to alert us that you are located in the European Union so that we can also implement compliance with the GDPR.

6. Identity and Security

When accessing or using our online Services we expect you to help us maintain the security of your Account. You acknowledge and agree:

1. You will keep your contact information accurate and up-to-date.

2. You will not let others access your Account, except registered Users.

3. You will not share your password or do anything else that may jeopardise security.

4. You will not transfer your Account to anyone without first getting our written permission.

5. You will not impersonate another person or entity, or otherwise misrepresent your affiliation with another person or entity.

6. If we disable your Account, you will not create another one without our permission.

7. If you provide an organisation name for your Account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about an organisation name that does not closely relate to your actual name).

7. Our Intellectual Property

1. Your right as a Participant to use our Intellectual Property is only as a sub-licensee under your relevant Client, and you do not have any rights superior to or separate to those of your Client as granted under the Terms & Conditions.

2. By accessing and/or using the Services, you are taken to agree to the licence conditions set out in clause 8.1 of the Terms & Conditions. If you do not consent to these conditions, you must stop accessing or using the Services.

8. Your Intellectual Property Rights

1. You or your Client (depending on your relationship with your Client) will retain the ownership, title and all other rights to the Intellectual Property in your Data, and you hereby grant Integral a fee-free and royalty-free licence to deal with the Intellectual Property in your Data for the purposes of facilitating your use of the Services, subject to the Terms & Conditions.

2. We do not assume or accept any responsibility or liability for the content or nature of your Data. We will use our best efforts to keep all Participant-created data secure, subject to access and use rights created or acknowledged by the Terms & Conditions.

3. We may disclose any of your Data to the extent required by a court of law, stock exchange, governmental department or regulatory authority having jurisdiction over Integral or pursuant to any applicable legislation or regulation.

4. We can remove any of your Data if we believe that it is unlawful and/or violates the Terms & Conditions.

5. By accessing and/or using the Services, you are taken to agree to the licence conditions set out in clause 8.2 of the Terms & Conditions.

9. Other People's Intellectual Property

We expect you to respect the Intellectual Property rights of other people, when using the Services.

1. You will not knowingly or negligently infringe the Intellectual Property Rights of a third party.

2. You will not knowingly or negligently cause us to infringe the Intellectual Property Rights of a third party.

3. You will not Publish any Copyright Material without the express written consent of the copyright owner.

4. If you repeatedly infringe other people’s Intellectual Property Rights, we will suspend your access and will disable your Client’s Account when we consider it appropriate to do so, in our sole discretion.

10. Your Use of the Services

1. You must use the Services in a careful and responsible manner, and must comply with all of the rules set out in the Terms & Conditions. You must not do anything that could damage our Services or Platform, or that could interfere with our business operations or with other users.

2. We do our best to keep our Platform as widely compatible with current technology as possible, but we cannot guarantee it will always work with your own hardware or software. We will work to keep our Platform continuously available and ensure the amount of downtime is limited, but we cannot guarantee non-interrupted access or freedom from outages. Additionally Integral, and any Information regarding Integral (made available by us or others) may include inaccuracies or errors, and is provided “as is,” “where is,” “as available,” and “with all faults.”

3. We will work within reason to provide support for all Clients including their Participants, but we cannot guarantee our response times.

4. If our business changes control, you may experience changes in your experience of using the Services.

5. Your access to or use of the Services may be affected by actions or omissions of your Client or other Participant authorised by that Client which result in us suspending or terminating your access or use.

6. If you have a problem with the Services, then, subject to any arrangement we have with your Client, you may bring that problem to us for resolution, and we promise to use our best efforts to resolve the problem promptly.

7. You acknowledge that the applicable conditions and limitations set out in the Terms & Conditions apply to you.

11. Communications

From time to time we may need to send you alerts and notifications regarding the Services. We will do so in compliance with clause 13 of the Terms & Conditions.

12. Liability: Scope and Limitations

1. Our liability to your Participant/s is limited under clause 14 of the of the Terms & Conditions, and that limitation includes our liability to any loss suffered by you while accessing and using our Services.

2. We do not have a direct contractual relationship with you, as a Participant. We will exercise reasonable care wherever reasonably possible to avoid exposing you to unnecessary hazards, when you access and use the Services.

13. General Rules

You acknowledge and agree that the following prohibitions will apply to your use of our Services, particularly our online and software services:

1. You will not upload viruses or other malicious code.

2. You will not engage in unlawful multi-level marketing, such as a pyramid scheme.

3. You will not send or otherwise publish unauthorised communications, such as spam.

4. You will not facilitate or encourage any violations of this Agreement by other persons.

5. You will not solicit login information or access an Account belonging to someone else.

6. You will not use Integral to do anything unlawful, misleading, malicious, or discriminatory.

7. You will not Publish Information that infringes someone else’s rights or otherwise violates the law.

8. You will not access the Services by using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

9. You will not publish Information that is hateful, threatening, pornographic, incites violence or otherwise constitutes criminal activity.

10. You will not do anything that could disable, overburden, or impair the proper working of Integral, such as a denial of service attack. You will not mislead Respondents about your ability, or lack of, to identify their identity; or maintain their anonymity.

14. General

1. These TOU are governed by the same laws as the Terms & Conditions.

2. Coaching Participants may be required to agree to our Coaching Agreement.

3. If you wish to raise any dispute with us regarding the Services, then unless those laws provide you with an independent right of action, your Client must raise the dispute with us in accordance with the Terms & Conditions.

4. Any part of these TOU that is illegal must be disregarded, and the remainder will be binding on you as much as is legally possible.

5. We may update these TOU in our discretion. Our Platform and Services are our private property, and we have the right to determine how that property may be used, subject to any contractual obligations that we have with your Client.

Our Details:

Should you need to contact us regarding any contractual, legal or privacy issues our business and contact details are:

Trading Name: Integral
Legal Name:     Integral Development Associates Pty Ltd
ABN:                  41 008 738 672
Email:                admin@integral.org.au
Web:                  www.integral.org.au
Telephone:        +61 8 9242 8122
Postal:              PO Box 5766, St Georges Terrace, WA, 6831
Address:           Level 3, 88 William Street, Perth, Western Australia 6153