TERMS AND CONDITIONS OF USE
Welcome to The Basalt Group and to www.basaltgroup.global (our Website).
The Basalt Group owns and operates the platform available on any of our Website(s) as well as any associated software, programs and apps, as available for use and download on Android and iOS devices (collectively, the Platform).
Creative Planet Pty Ltd as the Trustee for The Creative Planet Trust, trading as ‘The Basalt Group’ (ABN 84 558 995 183) (The Basalt Group, we, us, our) is a consulting and training business that offers services in legal project management and associated disciplines to individuals and businesses.
These Terms and Conditions (Terms) govern your use of our Platform, and our products and services, and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to The Basalt Group in writing at firstname.lastname@example.org before using our Platform, using our products and services, buying our products, or engaging our services.
The Basalt Group’s products and services are intended for users aged 18 and over.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
These Terms were last updated in November 2018.
1 ACCEPTANCE OF TERMS
1.1 By browsing, accessing, downloading, purchasing or using the products and services offered on our Platform, whether or not you have purchased or engaged our products and services either directly or indirectly, and irrespective of your capacity as an individual, as an employee of a business, or as a business, you acknowledge that you have read and understood these Terms and agree to be bound by them.
2 VARIATIONS TO TERMS
2.1 The Basalt Group reserves the right, in its sole discretion, to vary, change or amend any part of these Terms.
2.2 In that event, The Basalt Group will provide notice of the variation by publishing the updated Terms on our Platform.
2.3 The updated Terms will be taken to have effect on the date of publication.
2.4 Your continued use of our products and services and the Platform constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
2.5 Should you object or disagree to these Terms, you must discontinue your use of our products and services, and our Platform.
3 USER REGISTRATION
3.1 As a user, we require you to register an account to access any of our products and services through our
3.2 To register an account, you must provide us with accurate, complete and up-to-date user information, as requested from time to time, and it is your responsibility to inform us of any changes to your user information.
3.3 We may at any time request documents to verify your identify either at, or after, the time of registration.
3.4 You must ensure the security and confidentiality of your registration details, including any username and/or Password at all times. You must notify us immediately if they become aware of any unauthorised use of your registered details.
3.5 Once registered as a user, you must not allow any other person or user to use your Password or your account or to share our products and services with anyone else.
3.6 If you are using our products or services, you acknowledge and agree that:
(a) You are solely responsible for protection and confidentiality of any password or user identification that may be issued to at the time of registration or from time to time (Password);
(b) You will not reveal (or cause to be revealed through any act or omission) your Password to any other person, other than yourself;
(c) You will not cause any of the products and services that are available on our Platform to be revealed or supplied to any other person or business;
(d) You will immediately notify us if your Password is lost or becomes known to any other person;
(e) You are solely responsible for all access to and use of this Platform via your Password, whether such access or use is by you or any other person; and
(f) Any information you provide to us for posting or inclusion in our The Basalt Group Community, at any time, becomes our property.
5 YOUR OBLIGATIONS
5.1 When using our products and services, you may be given access to our Platform and group communities, whether online or in person, such as Facebook groups and other associated online discussion or in person forums, including without limitation, webinars, web-conferences, seminars, workshops, conferences (The) in which you may post or otherwise attend at and discuss your views, testimonials, comments, photos, messages or other material, (Your Content). When attending at, or posting Your Content, you agree that you will not cause to disclose, post or otherwise publish through this Platform or The Basalt Group Community any of the following:
(a) Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
(b) Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
(c) Information that includes personal or identifying information about another person without that person’s consent.
(d) nformation that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activities, off-site premises, and internet platforms, except as otherwise expressly permitted by us.
(e) Any information or content that impersonates any person, business or legal entity.
(f) Any material, non-public information about companies without authorisation to do so.
(g) Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
5.2 By disclosing, posting or otherwise publishing Your Content on our Platform or within The Basalt Group Community, you:
(a) Warrant that you have the right to grant the above licences; and
(b) Warrant that Your Content does not breach these Terms.
5.3 We reserve the right (but have no obligation) to:
(a) Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person;
(b) Eject you from the premises in the case of an in-person forum, where your disclosure or conduct in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; or
(c) Monitor use of the Platform and/or The Basalt Group Community, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
6 CODE OF CONDUCT
6.1 Our Platform and The Basalt Group Community is a respectful space for learning and is a pitch-free, solicitation-free and sales-free environment.
6.2 Whilst using this , we ask that you not:
(a) Contact anyone who has asked not to be contacted.
(b) Collect personal data about other users for commercial or unlawful purposes.
(c) Infringe other user’s privacy rights.
(d) Violate the intellectual property of others.
(e) Post anything that contains software viruses, worms or any other harmful code.
(f) Use manual or automated software, devices, script robots, other means or processes to access our Platform or any related data or information.
6.3 Please see The Basalt Group Community Code in the appendix to these Terms for more information.
7 PRODUCTS AND SERVICES DISCLAIMER
7.1 All of The Basalt Group products and services are intended for consulting, educating and training in legal project management and associated disciplines primarily for individuals, but also businesses. Our products and services are primarily in the form of online education and training modules, or otherwise as facilitated in person through workshops and seminars from time to time, where we aim to provide with frameworks, tools and templates for our students to develop skills and strategies to be on time and within budget within the legal services sector. Students may include lawyers, employees other professionals alike that are employed by, or undertake work within the legal services and professional services sector.
7.2 Nothing on our Platform, or any of the content provided to you by us in the supply or in connection with our products and services, purports to offer any legal, financial, business, information technology or other professional advice. You acknowledge and agree that we are educators first and foremost, and that we aim to teach skills and equip you with frameworks, tools and templates for your own navigation, implementation, development and use. Before acting on any recommendations and information you receive in connection with our products and services you acknowledge and agree to seek such other independent professional advice as required. We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold The Basalt Group harmless for any loss suffered as a result of our recommendations and information supplied in connection with our products and services and in accordance with this Platform and further acknowledge and agree that the indemnities under clause 12 are considered reasonable.
7.3 The Basalt Group is not a legal services provider and cannot provide any legal advice or business advisory services relative to the suitability of our products and services. You are solely responsible for determining whether our products and services are suitable for use in accordance with any laws and regulations that govern you, your employ within a business, and your employer’s industry.
8 RESULTS AND PROFITABILITY DISCLAIMER
8.1 The Basalt Group’s products and services are educational, and consultancy based only and the extent of any results to be attained by you whether for your own personal or professional development is dependent upon you solely.
8.2 The Basalt Group teaches skills, provides support, guidance and supplies frameworks, tools, templates and strategies for its students, i.e., you, to set goals, determine priorities and achieve results, but any decisions made, and the consequences that flow from those decisions, is your sole responsibility. Your success depends on many factors, including your own commitment, dedication, desire, and motivation, your dissemination and application of our education and training modules to your own circumstances or to that of the business you are in the employ of, considering your own personal and professional development, or your employer’s capabilities, and the general economic climate.
8.3 The Basalt Group cannot and does not make any guarantees about your ability to obtain personal or business results or improve business profitability in connection with our products and services, particularly arising from our education, training, ideas, information, publications, frameworks, tools, templates and/or strategies. You acknowledge that there is inherent uncertainty in any personal and professional development, professional enterprise and revenue generating activity and agree there is no guarantee that personal and professional development, efficiency, productivity or profitability will improve or increase as a result of your use and supply of our products and services.
8.4 Any testimonials and examples published online, whether on our Platform, The Basalt Group Community, or through our social media handles, or within our marketing materials, are not to be taken as a guarantee that you will achieve the same or similar results.
9 INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARK NOTICES
9.1 The Basalt Group reserves all intellectual property rights, including but not limited to copyright in any and all content available, accessed or downloaded from our Platform. All such content is protected under the Australian Copyright Act 1968 (Cth), through international treaties, and protected in other countries, as a collective work(s) and/or compilation(s), pursuant to international copyright laws and international conventions.
9.2 All content available via the Platform, or otherwise delivered by us in the supply of our products and services, including (but not limited to) audio and visual recordings, film and video, soundbites, presentations, publications, course materials, education/training modules, guides, frameworks, tools and templates, text, graphics, information architecture, underlying software programming and coding (Our Content), is subject to copyright.
9.3 The Basalt Group grants you a non-exclusive, non-transferrable license to our Content for education and training purposes only where
9.4 for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited. You agree that you must not disassemble, decompile, reverse engineer or otherwise attempt to discover any of Our Content or source code contained in the Platform. Without limiting the foregoing, you agree not to modify, disassemble, decompile, reverse engineer, sell, resell, or exploit for any purposes any aspect of the Platform and Our Content.
9.5 You acknowledge that you do not acquire any ownership rights by using the Platform or Our Content.
9.6 The trade marks, logos, and service marks displayed on our Platform are the registered or unregistered trademarks of The Basalt Group. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to The Basalt Group, in any manner that is likely to cause confusion with customers, or in any manner that disparages The Basalt Group.
9.7Nothing contained on this Platform or in The Basalt Group Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
9.8 Violations of our intellectual property including copyright, trademarks and other proprietary rights and is strictly prohibited and you agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that The Basalt Group will be entitled to seek interlocutory (injunctive) relief if such steps are necessary to prevent violations of its intellectual property and other proprietary rights.
10 DATA USE AND OWNERSHIP
10.1 Your data is and will remain your property, however in order to receive the products and services you grant to The Basalt Group a non-exclusive right to use, organise, copy, distribute and display your data in connection with the use of The Basalt Group’s services and products.
10.2 We will take all reasonable measures to:
(a) preserve the integrity of, and prevent any material corruption or loss of;
(b) keep secure and prevent any unauthorized access to; and
(c) protect against viruses and malicious code relative to;
any of your data that comes into our power, possession or control through the course of providing our products and services.
10.3 You acknowledge that you have sole responsibility for the accuracy, integrity and reliability of your data, and The Basalt Group is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of your data.
11.1 The Basalt Group will use reasonable endeavours to ensure that the Platform is available continuously, however we do not make any representations or warranties, whether express or implied, that your access will be uninterrupted, timely, secure or error free.
11.2 Your access to the Platform may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
11.3 Except as expressly provided otherwise in the Terms, The Basalt Group reserves the right to change or discontinue any Platform, feature or service (or part thereof) available on the Platform at any time.
12 THIRD PARTY LINKS, AFFILIATES & SPONSORS
12.2 As affiliates of certain products and services we may also receive compensation for recommending, endorsing or promoting products and services as featured on our Platform, via The Basalt Group Community or in the course of delivering our products and services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those products and services which are not our own.
12.3 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain products and services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored products and services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted products and services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
13.1 You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damages (including but not limited to legal costs and disbursements on a full indemnity basis) whether incurred or suffered by you, or us, as a direct, or indirect consequence of using, or attempting to use our information, products, services, or for any breach of these Terms by you, or your agents.
13.2 We are not responsible, and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Platform, The Basalt Group Community or by engaging with us for our products and services.
14 LIABILITY IS LIMITED
14.1 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.
14.2 In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Platform, our products or our services.
14.3 These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
(a) Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
(b) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
(c) Accessing websites, platforms, apps, Third Party Links or servers maintained by other organisations through our Platform, or via The Basalt Group Community or our products and services. Links are provided for convenience only. We do not endorse any other websites, platforms, apps or Third Party Links, nor their products and services and you access them at your own risk.
(d) The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Platform.
15.1 We reserve the right to suspend, terminate, or eject you from the premises in accordance with your use of the Platform, our products and services and conduct within The Basalt Group Community, if you breach these Terms, as determined by us in our sole discretion.
15.2 You may terminate your use of our Platform and/or The Basalt Group Community, our products or our services at any time, which will be effective upon:
(a) receiving 30 calendar days’ written notice from you; and/or
(b) mutual written agreement between The Basalt Group and you.
15.3 Any ejection, suspension or termination of your access to our Platform, The Basalt Community, and/or our products and services may be temporary or permanent and have no bearing upon other agreements and terms reached in relation to the payment of our products and services.
16 ASSIGNMENT, NOVATION AND DEALINGS
16.1 Any rights of a party that arise out of or under these Terms are not assignable by the party without the prior written consent of the other parties and does not affect the construction of any other part of provisions of these Terms.
17 NO WAIVER
17.1 No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
17.2 Words or conduct referred to in clause 16.1 include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.
18.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
19.1 Clauses 9 and 20 survive termination or expiry of these Terms together with any other term by which its nature is intended to do so.
20 DISPUTE RESOLUTION
20.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause 20 herein.
20.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
20.3 In the case of claims against us, all notices are to be provided to email@example.com.
20.4 If the dispute is not resolved by agreement within five business days of the Second Party receiving the notice referred to above, either party may refer the matter to any alternate dispute resolution processes such as mediation, arbitration or expert determination, as elected by the either party in writing.
20.5 Once an alternate dispute resolution process has been elected, the parties are to make arrangements for, in the case of:
(a) Mediation, to be conducted by a mediator agreed between the parties within a further five business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
(b) Arbitration, to be conducted by an arbitrator agreed between the parties within a further five business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
(c) Expert determination, to be conducted by an expert agreed between the parties within a further five business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
20.6 Once either a mediator, arbitrator or expert is appointed, the parties agree that:
(a) The costs of the alternate dispute resolution process shall be borne equally between the disputing parties.
(b) The chosen mediator, arbitrator or expert, shall determine the procedures for mediation.
(c) The chosen mediator, arbitrator or expert, will not have the power or authority to make any other determination in relation to the dispute.
20.7 If the parties have not reached a resolution of the dispute within ten business days of the selection of a mediator, arbitrator or expert, neither party shall be obliged to continue any attempt at alternate dispute resolution under this clause 20, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
20.8 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
21 APPLICABLE LAW
21.1 These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the non-exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises between us.
22 CONTACT US
22.2 If you have questions or comments regarding this Platform or The Basalt Group products and services, please email us at firstname.lastname@example.org.
Business Name: The Basalt Group
ABN: 84 558 995 183
THE BASALT GROUP COMMUNITY CODE
We want people to feel safe when using our groups and forums whether online or in-person. For that reason, we’ve developed a set of community code, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community code.
- Keep it respectful
Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
- No pitching to the group
We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
- Maintain integrity and our rules of registration
- Respect confidentiality
Content gathered in The Basalt Group Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
- Keep it on topic
We reserve the right to remove posts based on off-topic content or offensive content.
- Report posts that are breaking group policies
Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them.
- Breaking the rules
If you are deemed to be breaking the rules of the group, The Basalt Group reserves the right to remove or eject you from the Facebook, other online group or in-person forum that the offending behaviour has occurred within.
© Progressive Legal Pty Ltd (ACN 607 068 708) trading as Progressive Legal (2018). All Rights Reserved.