Terms of Use

By accessing or using any of Kelly Partners Group Holdings Limited and its related entities (collectively “Kelly+Partners”) Internet properties including, without limitation, kellypartners.com, [Progress Program URL] mobile websites, microsites, mobile applications, Kelly+Partners profiles on social media sites and any other digital services or properties operated or used by the Kelly+Partners from time to time (collectively referred to as the “Sites”) you agree to comply with and be bound by these Terms of Use (“Terms of Use”). Please read these Terms of Use carefully as well as the Kelly+Partners’ Privacy Policy. If you do not agree to the Terms of Use and the Privacy Policy, you must immediately terminate use of the Sites.

License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Sites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Sites and the Kelly+Partners Content (as defined below, Section 9) for your non commercial, personal use and for no other purpose. The Kelly+Partners reserves the right to bar, restrict or suspend any user’s access to the Sites, and/or to terminate this license at any time for any reason. The Kelly+Partners reserves any rights not explicitly granted in these Terms of Use, and does not grant any rights to you except those explicitly set forth herein.
License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive Kelly+Partners’ prior written consent, you may not publish, republish, modify, translate, create derivative works of, copy, distribute, market, display, compile, remove, or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Sites, any Kelly+Partners Content (as defined below, Section 9), or any portion thereof. Further, you may not (i) use the Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Sites, including Kelly+Partners Content; (ii) interfere with the proper working of the Sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Sites.
Your Acceptance; Revisions to Terms of Use. The Sites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the Kelly+Partners regarding your use and access to the Sites.By using the Sites you agree to these Terms of Use.

Kelly+Partners reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Sites. Your use of the Sites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Sites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 22, shall apply to a controversy or claim of which you had actual notice on or before the date of any such revision.
Kelly+Partners Policies; Additional Terms and Conditions.Kelly+Partners’ Privacy Policy as well as other additional terms and conditions applicable to certain portions of the Sites (collectively “Additional Terms and Conditions”) are incorporated herein by reference. For instance, the Terms of Use for Sites which allow users to post comments and participate in discussion boards will apply to users of those services in addition to these Terms of Use. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.
Click-Through Agreements. Before using certain areas of the Sites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” “Accept” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is an irreconcilable conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern as to such conflict.
Personal Login Information. Certain features and areas of the Sites may only be available with registration or login. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact the Kelly+Partners immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
Privacy Policy. For information about Kelly+Partners’ data protection practices and Kelly+Partners’ use and protection of your personal information, please read Kelly+Partners’ Privacy Policy which is incorporated into and made a part of these Terms of Use.
Proprietary Rights. The content of the Sites includes, without limitation, (i) Kelly+Partners’ trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Kelly+Partners Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts and video presentations (whether live or recorded), and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “Kelly+Partners Content”). Kelly+Partners Content is the property of Kelly+Partners, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Kelly+Partners Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. Any use of the Kelly+Partners Marks or Kelly+Partners Content without Kelly+Partners’ express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Kelly+Partners Content, including any such notices appearing on any Kelly+Partners Content you are permitted to download, transmit, display, print, or reproduce from the Sites.
User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with Kelly+Partners’ operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through a Kelly+Partners Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Kelly+Partners reserves the right to terminate your access and use of the Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites.

In addition, you also agree that you will not use our Services to:

(a) upload, download, post, email, transmit or otherwise make available any Kelly+Partners Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) upload, download, post, email, transmit or otherwise make available any Kelly+Partners Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(c) upload, download, post, email, transmit or otherwise make available any Kelly+Partners Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and

(f) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the Internet and the Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, Kelly+Partners does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network. The Kelly+Partners shall not be obligated to correct or update the Sites or Kelly+Partners Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites.
No Advice and Disclaimer as to Accuracy of Information. The information on the Sites and Kelly+Partners Content are for informational purposes only, and is not legal, taxation, financial or investment advice or a substitute for personal advice. It is general information only and does not take into account your objectives, financial situation or circumstances. You must seek specific advice tailored to your circumstances and cannot rely on the content of this website as a substitute of specific advice. The content should be viewed as current only at the time of first publication and the content may change at any time without notice. No obligation is imposed on Kelly+Partners or any of its officers, employees or associates in keeping the relevance of the content or to advise the users of any changes or error in the information presented.
Third Party Information. The Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Sites are those of the respective third party and not of Kelly+Partners or its affiliates. Kelly+Partners makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement. The respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Kelly+Partners’ Copyright Agent the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Kelly+Partners’ Copyright Agent for notice of claim of copyright or other intellectual property infringement can be reached as follows:

By mail:

Kelly Partners Group Holdings Limited
Attn: General Counsel
PO Box 1764
North Sydney NSW 2059

Australia

Links to Third Party Websites. The Sites may provide links (including any link through an on-line banner) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. Kelly+Partners shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such third party sites on the Sites. Further, shall not be responsible or liable for the statements or conduct of any third party sites appearing on the Sites. You shall be solely responsible for any correspondence or transactions you have with any third party sites. If you decide to access any of the third party sites linked to the Sites, you do so entirely at your own risk.
Links to Websites, Content, Sharing of Content. Links posted by third parties to the Sites and/or Kelly+Partners Content may not use Kelly+Partners trademark or logo and shall not suggest that Kelly+Partners promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Sites shall be the responsibility of the linking party. Kelly+Partners reserves the right to require any linking party to disable or remove any link that violates Kelly+Partners’ policies, rights or causes interruption or deterioration of Kelly+Partners Content.

Sharing of Content. You may download, copy or embed Kelly+Partners Content and other downloadable items displayed on the Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Kelly+Partners Content for other than personal use is expressly prohibited without prior written permission from the Office of the Director of Kelly+Partners, or the copyright holder identified in the copyright notice contained in Kelly+Partners Content. Kelly+Partners reserves the right to require any party sharing Kelly+Partners content to disable or remove the content should its use violate Kelly+Partners’ policies, rights or causes interruption or deterioration of Kelly+Partners Content.

Warranties Disclaimed. THE WEBSITES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT FOR CONSUMERS IN NEW JERSEY, NEITHER KELLY+PARTNERS, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES, NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “KELLY+PARTNERS PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (I) THE SITES OR KELLY+PARTNERS CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (II) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (IV) KELLY+PARTNERS CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
EXCLUSION OF AND LIMITATION OF LIABILITY. EXCEPT FOR CONSUMERS IN NEW JERSEY, THE KELLY+PARTNERS PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (I) OUT OF THE USE OF OR INABILITY TO USE THE SITES AND/OR ANY KELLY+PARTNERS CONTENT; (II) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITES AND/OR KELLY+PARTNERS CONTENT; (III) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (IV) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES; (V) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (VI) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; (VII) FROM ANY DELAY OR FAILURE OF THE SITES ARISING OUT OF CAUSES BEYOND KELLY+PARTNERS’ CONTROL; (VIII) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE KELLY+PARTNERS CONTENT; (IX) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITES (X) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (XI) OUT OF ANY OTHER MATTER RELATING TO THE SITES OR KELLY+PARTNERS CONTENT.

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE SITES AND/OR THE KELLY+PARTNERS CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND KELLY+PARTNERS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Kelly+Partners Parties from and against all claims arising from or in any way related to your use of the Sites and/or Kelly+Partners Content, a violation by you of these Terms of Use, the Privacy Policy or any other actions connected with your use of the Sites and/or Kelly+Partners Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. Kelly+Partners will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to Kelly+Partners Parties other than under this Section.
Term and Termination. These Terms of Use will take effect at the time you begin using the Sites. The Kelly+Partners reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use Kelly+Partners Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Sites, including any Kelly+Partners Content, in your possession.
Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a Claim. The arbitration shall be held in San Francisco, CA. All submissions to the arbitrator, the proceedings, and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the City and County of San Francisco in the State of California and/or the United States District Court for the Northern District of California shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. The Kelly+Partners reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a Claim or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a Claim or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any Claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Northern District of California or any State of California court located in San Francisco, California.

Governing Law. These Terms of Use and all matters regarding your use of the Sites shall be governed by, construed in accordance with, and enforced under the laws of the State of California applicable to contracts made and executed and wholly performed in the State of California, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
Waiver and Severability. The failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
Complete Agreement. These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the relating to the Sites and its use by you, and supersedes any previous written or oral communication regarding use of the Sites.
Contact Information. If you have any questions or concerns regarding these Terms of Use or the Sites, please visit our Contact Uspage.
Statute of Limitations. Regardless of any statute or law to the contrary, except for a consumer law claim brought by a consumer whose residence is in New Jersey, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Use of Websites and Content outside of the United States. Kelly+Partners makes no claims regarding access or use of the Sites or Kelly+Partners Content outside of the United States. If you use or access the Sites or Kelly+Partners Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
Kelly+Partners provides opportunities for user interaction within its Sites and social media profiles on sites such as Facebook, Twitter, LinkedIn, and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein. The Kelly+Partners is not responsible for content or links posted by others.
User Generated Content. We welcome your views, comments and other communications, pictures, trackback URLs, or videos on our Sites which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content (“User Content”). By contributing User Content to any of the Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant Kelly+Partners a nonexclusive license to display, reproduce, transmit, modify such User Content and that Kelly+Partners may use the User Content for internal and external marketing purposes. You are solely responsible for the User Content you submit. If you believe any User Content infringes on your proprietary rights, contact Kelly+Partners’ Copyright Agent as identified in these Terms of Use. The Kelly+Partners does not approve, endorse, or adopt any User Content, and Kelly+Partners assumes no liability for any User Content submitted by you or others. You agree to indemnify Kelly+Partners against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via these sites used, published, copied and/or reprinted, should not post on the social media profiles. Please note that other participants may use posted information beyond the control of Kelly+Partners. All user content is read at your own risk, and Kelly+Partners recommends that you not rely on the information or advice in any of these postings.

Kelly+Partners retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. The Kelly+Partners also retains the right to ban or block a user from posting on Kelly+Partners social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.

You acknowledge, consent and agree that Kelly+Partners may access, preserve and disclose your account information and the User Content you have posted by Users of the Services if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of Kelly+Partners to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Administrators, its Users and the public.

Other Terms of Use/Services. On sites not operated by Kelly+Partners, you are also subject to the Terms of Service (“TOS”) of that host site. Information (comments, photos, videos, etc.) you share with or post to Kelly+Partners social media profiles is also subject to the TOS of the host site and may be used by the owners of the host site for their own purposes under the host site’s TOS. For more information, consult the host website’s TOS.

This Terms of Use is subject to amendment or modification at any time.

Effective August 17, 2023

Privacy Policy

Introduction

Kelly Partners Group Holdings Limited and its related entities (collectively "us", "we", "our" or the "Company") value your privacy and the importance of safeguarding your data. This Privacy Policy (the "Policy") describes our privacy practices for the activities set out below. As per your rights, we inform you how we collect, store, use, access, and otherwise process information relating to individuals. In this Policy, personal data ("Personal Data") refers to any information that on its own, or in combination with other available information, can identify an individual.

This Policy applies in addition to the terms and conditions of our site.

We are committed to protecting your privacy in accordance with the highest level of privacy regulation. As such, we follow the obligations under the below regulations:

For users in Australia: Australian Privacy Principles in the Privacy Act 1998 (Cth) (APP)
For users in California: California's Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA) and California Online Privacy Protection Act (CalOPPA)
For users in United Kingdom, GDPR as enshrined in the Data Protection Act 2018
For users in the European Union: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR)
For users in Canada: Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and the applicable provincial legislations
For other users in the United States: Colorado: Colorado Privacy Act (CPA); Utah Consumer Privacy Act (UCPA); Connecticut Data Privacy Act (CTDPA); Virginia Consumer Data Protection Act (VCDPA)

This Policy will be reviewed regularly to take account of changes in legislation, technology, and our operations and practices. We aim to ensure the policy is appropriate to the changing environment. We will inform you of any changes we make to this Policy as necessary.

Our Policy is based on openness about how we use and protect your information.

Scope

This policy applies to the Kelly Partners Group Holdings Limited websites, domains, applications, services, and products (“Site”). By using our Site, you agree that you consent to the conditions set out in this Policy.

This Policy does not apply to third-party applications, websites, products, services or platforms that may be accessed through (non-Kelly Partners Group Holdings Limited) links that we may provide to you. These sites are owned and operated independently from us, and they have their own separate privacy and data collection practices. Any Personal Data that you provide to these websites will be governed by the third-party’s own privacy policy. We cannot accept liability for the actions or policies of these independent sites, and we are not responsible for the content or privacy practices of such sites.

This Policy does not apply to personal information collected by Kelly Partners that is exempted under the Privacy Act, for example employee records.

Processing Activities

This Policy applies when you interact with us by doing any of the following:

Make use of our application and services as an authorized user
Visit any of our websites that link to this Privacy Statement

Personal Data We Collect
- What Personal Data We Collect

Due to the nature of the products and services we provide, and the requirements of legislation and regulations, we ask for a range of personal information from our customers.

When you make a purchase, or attempt to make a purchase, we collect the following types of Personal Data:

Account Information such as your name, email address, and password
Payment Information such as your billing address, phone number, credit card, debit card or other payment method

When you use our Site, products and/or features, we collect the following types of Personal Data:

Account Information such as your name, email address, and password
Payment Information such as your billing address, phone number, credit card, debit card or other payment method

Other types of personal information which we may also collect can include details such as:

Names, employment titles, contact details;
Date of birth and gender;
Information in identification documents (e.g. passport, driver’s licence);
Tax file numbers and other government related identifiers;
Assets and liabilities;
Educational qualifications and employment history ;
Personal income;
Visa and work permit status;
Bank account details;
Shareholdings and details of investments;
Superannuation details;
Tax and financial statements;
Information regarding insurance;
Personal information about your spouse and dependants.

It may be necessary in some circumstances for us to collect sensitive information about you in order to provide specific services. The types of sensitive information we may collect include:

Health status;
Ethnic origin;
Details of any membership/s to professional associations;
Criminal record.

You have a right to refuse to provide us with your personal information or to anonymity or the use of a pseudonym. However, if you do refuse to provide such information, or request the use of anonymity or a pseudonym we may be unable to complete or fulfil the purpose for which such information was collected, including providing you or our clients with the services we were engaged to perform.

How We Collect Your Personal Data

When we collect, hold, use and disclose personal or sensitive information it must be done through lawful and fair means. Consent must be obtained to collect, hold, use and disclose personal information. We are not required to obtain your consent to collect, hold, use of disclose your personal or sensitive information if the collection is required or authorised by or under an Australian law or a court/tribunal order. There are other exceptions to the requirement of obtaining your consent in accordance with the relevant regulations. If you would like more information on these requirements, please contact our Privacy Officer.

We collect Personal Data from the following sources:

From You. You may give us your Account Information, Payment Information, Financial Information, Demographic Data, Purchase Information, Content, Feedback, Product Information, by filling in forms, using our products or services, entering information online or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide, for example, when you:

Create an account or purchase products on our website;
Use our products or services;
Create content through our products or services;
Express interest in our products or services;
Downloading software and/or our mobile application;
Subscribe to our newsletter;
Complete a voluntary market research survey;
Contact us with an inquiry or to report a problem (by phone, email, social media, or messaging service);
When you log in to our website via social media;
Receipt of emails, letters and other correspondence;
Telephone calls;
Appointments in person;
Publicly available records;
Through a customer’s personal representative.

Automated technologies or interactions: As you interact with our website, we may automatically collect the following types of data (all as described above): Device Data about your equipment, Usage Data about your browsing actions and patterns, and Contact Data where tasks carried out via our website remain uncompleted, such as incomplete orders or abandoned baskets. We collect this data by using cookies, server logs and other similar technologies. Please see our Cookie section (below) for further details.

Third parties: We may receive Personal Data about you from various third parties, including:

Account Information and Payment Information from another individual when they purchase a gift for you on our website;
Device and Usage Data from third parties, including analytics providers such as Google;
Account Information and Payment Data from social media platforms when you log in to our website using such social media platforms;
Content from communication services, including email providers and social networks, when you give us permission to access your data on such third-party services or networks;
Account Information and Payment Data from third parties, including organizations (such as law enforcement agencies), associations and groups, who share data for the purposes of fraud prevention and detection and credit risk reduction; and
Account Information, Payment Data, and Financial Data from providers of technical, payment and delivery services.

If you provide us, or our service providers, with any Personal Data relating to other individuals, you represent that you have the authority to do so and acknowledge that it will be used in accordance with this Policy. You should only provide us with someone else’s personal information where you have their express consent to do so and it is for the purpose of us providing services to you. Matters in this Policy should be communicated to any person whose information you collect and provide to us. In providing such information you agree that you have obtained the revenant consent and this is authorised to do so.

If you believe that your Personal Data has been provided to us improperly, or to otherwise exercise your rights relating to your Personal Data, please contact us by using the information set out in the "Contact us" section below.

Unsolicited personal information: There may be circumstances where we are provided with personal information which we did not actively seek. An example may be misdirected mail, or an excess of documents provided to us by clients.

In such situations, our Privacy Officer will make a determination on whether we could have obtained the information lawfully in accordance with the regulations. If the information was not lawfully obtained it will be destroyed or de-identified. We will try to notify the relevant person, whose information has been mistakenly received, if this situation arises.

Device and Usage Data

When you visit our Site, we automatically collect and store information about your visit using browser cookies (files which are sent by us to your computer), or similar technology. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help Feature on most browsers will provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

Data we collect from third parties

We may receive your Personal Data from third parties such as companies subscribing to Kelly Partners Group Holdings Limited services, partners and other sources. This Personal Data is not collected by us but by a third party and is subject to the relevant third party’s own separate privacy and data collection policies. We do not have any control or input on how your Personal Data is handled by third parties. As always, you have the right to review and rectify this information. If you have any questions you should first contact the relevant third party for further information about your Personal Data. Where that third party is unresponsive to your rights, you may contact the Data Protection Officer at Kelly Partners Group Holdings Limited (contact details below).

Our websites and services may contain links to other websites, applications and services maintained by third parties. The information practices of such other services, or of social media networks that host our branded social media pages, are governed by third parties’ privacy statements, which you should review to better understand those third parties’ privacy practices.

Purpose and Legal Basis for the Processing of Personal Data

We collect and use your Personal Data with your consent to provide, maintain, and develop our products and services and understand how to improve them.

We only collect, hold, use and disclose personal information which is reasonably necessary to ensure that we are able to provide you with the products and services that are appropriate to your needs. We will outline to you when you engage our services the purposes for which we will collect, hold, use and disclose your personal information.

Where we process your Personal Data to provide a product or service, we do so because it is necessary to perform contractual obligations. All of the above processing is necessary in our legitimate interests to provide products and services and to maintain our relationship with you and to protect our business for example against fraud. Consent will be required to initiate services with you. New consent will be required if any changes are made to the type of data collected. Within our contract, if you fail to provide consent, some services may not be available to you.

International Data Transfer and Storage

Where possible, we store and process data on servers within the general geographical region where you reside (note: this may not be within the country in which you reside). Your Personal Data may also be transferred to, and maintained on, servers residing outside of your state, province, country or other governmental jurisdiction where the data laws may differ from those in your jurisdiction. We will take appropriate steps to ensure that your Personal Data is treated securely and in accordance with this Policy as well as applicable data protection law.

If you are located in the United Kingdom or the European Union, we will only transfer your personal data if:

The country your personal data is being transferred to has been deemed to have adequate data protection by the European Commission or, if you are in the United Kingdom, by the United Kingdom adequacy regulations; or
We have implemented appropriate safeguards in respect of the transfer.

Sharing and Disclosure

We will share your Personal Data with third parties only in the ways set out in this Policy or set out at the point when the Personal Data is collected.

Employees: We may disclose user data to any members of our organization who reasonably needs access to user data to achieve the purposes set out in this Policy.

Disclosure overseas: The Company has offices in Australia, United States, Hong Kong, India and may utilise some service providers in other geographies to process data and help deliver services to you. We may disclose your personal information to these providers from time to time. Such overseas disclosure would be to the above countries, the Philippines or another country as advised. When required, your personal information will only be disclosed to an overseas person or business in the following circumstances:

Where the overseas recipient has signed a contract with us which creates legal obligations to comply with the relevant regulations;
If the recipient is subject to similar privacy law as the relevant law, and you are able to personally access avenues to enforce the protection of those laws;
If you provide written consent for the Company to disclose the information after we provide you with full information; or
If the disclosure is required or authorised by or under the relevant law or a court/tribunal order.

On collection of your personal information, we will inform you whether it is likely we will disclose the information to an overseas recipient and, if so, where those recipients are likely to be located.

Direct Marketing: The Company may engage in direct marketing to you from time to time.

When required, your personal information will only be used or disclosed for direct marketing where the information is not sensitive information, is collected directly from you and there is an easy means to opt out of such marketing (and such an opt out request has not been made) in the following circumstances:

Where you would expect us to use or disclose the information for direct marketing purposes; or
You have consented to the use or disclosure of the information for direct marketing purposes.

If you do not wish to receive these materials, please contact our Privacy Officer.

Other Disclosures: We will not sell or share your data with other third parties, except in the following cases:

If the law requires it;
If it is required for any legal proceeding;
To prove or protect our legal rights; and
To buyers or potential buyers of this business in the event that we seek to sell the business.

Legal Requirement

We may use or disclose your Personal Data in order to comply with a legal obligation, in connection with a request from a public or government authority, or in connection with court or tribunal proceedings, to prevent loss of life or injury, or to protect our rights or property. Where possible and practical to do so, we will tell you in advance of such disclosure.

Service Providers and Other Third Parties

We may use a third party service provider, independent contractors, agencies, or consultants to deliver and help us improve our products and services. We may share your Personal Data with marketing agencies, database service providers, backup and disaster recovery service providers, email service providers and others but only to maintain and improve our products and services. For further information on the recipients of your Personal Data, please contact us by using the information in the "Contacting us" section below.

Cookies
- What are Cookies?

A cookie is a small file with information that your browser stores on your device. Information in this file is typically shared with the owner of the site in addition to potential partners and third parties to that business. The collection of this information may be used in the function of the site and/or to improve your experience.

How we use cookies

To give you the best experience possible, we use the following types of cookies:
Strictly Necessary. As a web application, we require certain necessary cookies to run our service.

We use preference cookies to help us remember the way you like to use our service.
Some cookies are used to personalize content and present you with a tailored experience. For example, location could be used to give you services and offers in your area.

How to control your cookies

So long as the cookie is not strictly necessary, you may opt in or out of cookie use at any time. To alter the way in which we collect information from you, visit our Cookie Manager.

Retention & Deletion

We will only retain your Personal Data for as long as necessary for the purpose for which that data was collected and to the extent required by applicable law. When we no longer need Personal Data, we will remove it from our systems and/or take steps to anonymize it.

Merger or Acquisition

If we are involved in a merger, acquisition or asset sale, your personal information may be transferred. We will provide notice before your personal information is transferred and becomes subject to a different Privacy Policy. Under certain circumstances, we may be required to disclose your personal information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

How We Keep Your Data Safe

Safeguarding the privacy of your information is important to us. We hold personal information in a combination of secure computer storage facilities and paper based files, and take steps to protect the personal information we hold from misuse, loss, interference, unauthorised access, modification or disclosure.

We have appropriate organizational safeguards and security measures in place to protect your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. We train our employees carefully on handling personal information and confidentiality of such information.

The communication between your browser and our website uses a secure encrypted connection wherever your Personal Data is involved.

We require any third party who is contracted to process your Personal Data on our behalf to have security measures in place to protect your data and to treat such data in accordance with the law.

Once we have no purpose for holding your personal information, we will take all reasonable steps to destroy or de-identify the information.

In the unfortunate event of a Personal Data breach, we will notify you and any applicable regulator when we are legally required to do so.

Children's Privacy

We do not knowingly collect Personal Data from children under the age of 16 Years

Your Rights for Your Personal Data

Depending on your geographical location and citizenship, your rights are subject to local data privacy regulations. These rights may include:

Right to Access (APP, PIPEDA, GDPR Article 15, CCPA/CPRA, CPA, VCDPA, CTDPA, UCPA)

You have the right to learn whether we are processing your Personal Data and to request a copy of the Personal Data we are processing about you.

Right to Rectification (APP, PIPEDA, GDPR Article 16, CPRA, CPA, VCDPA, CTDPA)

You have the right to have incomplete or inaccurate Personal Data that we process about you rectified.

Right to be Forgotten (right to erasure) (GDPR Article 17, CCPA/CPRA, CPA, VCDPA, CTDPA, UCPA)

You have the right to request that we delete Personal Data that we process about you, unless we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.

Right to Restriction of Processing (GDPR Article 18)

You have the right to restrict our processing of your Personal Data under certain circumstances. In this case, we will not process your Data for any purpose other than storing it.

Right to Portability (PIPEDA, GDPR Article 20)

You have the right to obtain Personal Data we hold about you, in a structured, electronic format, and to transmit such Personal Data to another data controller, where this is (a) Personal Data which you have provided to us, and (b) if we are processing that data on the basis of your consent or to perform a contract with you or the third party that subscribes to services.

Right to Opt Out (APP, CPRA, CPA, VCDPA, CTDPA, UCPA)

You have the right to opt out of the processing of your Personal Data for purposes of: (1) Targeted advertising; (2) The sale of Personal Data; and/or (3) Profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Under CPRA, you have the right to opt out of the sharing of your Personal Data to third parties and our use and disclosure of your Sensitive Personal Data to uses necessary to provide the products and services reasonably expected by you.

Right to Objection (GDPR Article 21)

Where the legal justification for our processing of your Personal Data is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for processing which override your interests and rights, or if we need to continue to process the Personal Data for the establishment, exercise or defense of a legal claim.

Nondiscrimination and nonretaliation (CCPA/CPRA, CPA, VCDPA, CTDPA, UCPA)

You have the right not to be denied service or have an altered experience for exercising your rights.

File an Appeal (CPA, VCDPA, CTDPA)

You have the right to file an appeal based on our response to you exercising any of these rights. In the event you disagree with how we resolved the appeal, you have the right to contact the attorney general located here:

If you are based in Colorado, please visit this website to file a complaint.

If you are based in Virginia, please visit this website to file a complaint.

If you are based in Connecticut, please visit this website to file a complaint.

File a Complaint (APP, GDPR Article 77)

If you consider that any of our action breaches this Policy or the APP, you are able to make a complaint. Once we have received your complaint, it will be assessed and acted upon within a reasonable time.

You have the right to bring a claim before their competent data protection authority. If you are based in the EEA, please visit this website:

(http://ec.europa.eu/newsroom/article29/document.cfm?action=display&doc_id=50061) for a list of local data protection authorities.

Withdrawing Consent

If you have consented to our processing of your Personal Data, you have the right to withdraw your consent at any time, free of charge, such as where you wish to opt out from marketing messages that you receive from us. If you wish to withdraw your consent, please contact us using the information found at the bottom of this page.

How to Exercise Your Rights

You can make a request to exercise any of these rights in relation to your Personal Data by sending the request to our privacy team by using the form below.

For your own privacy and security, at our discretion, we may require you to prove your identity before providing the requested information.

Changes

We may modify this Policy at any time. If we make changes to this Policy then we will post an updated version of this Policy at this website. When using our services, you will be asked to review and accept our Privacy Policy. In this manner, we may record your acceptance and notify you of any future changes to this Policy.

Contact Us

To request a copy for your information, unsubscribe from our email list, request for your data to be deleted, or ask a question about your data privacy, we have made the process simple:

To contact us, please write to us at:

Data Privacy Officer of Kelly Partners Accountants

Level 8, 32 Walker Street, North Sydney NSW 2060 Australia

Current as at September 2023

Terms of Business

This document sets out the terms and conditions (Terms) which governs your participation in the Progress Program^TM,organised and run by Kelly Partners (Strategic Consulting) Pty Ltd (“Program”) and/or its associated entities. Please readthese Terms carefully. By proceeding with the registration, you agree you fully accept and be bound by these Terms.

INTERPRETATION

In these Terms, unless the context indicates otherwise:

“Company” means Kelly Partners (Strategic Consulting) Pty Ltd.

“Event” means any virtual or in person event(s) hosted by the Company forming part of the Program

“Program” means the program package to be provided by the Company on these Terms.

“Program Cost” means the cost of the Program as advertised by the Company from time to time.

“Program Material” means the material, in any media or form, which a Participant may be given or provided access to in the course of its participation in the Program.

“Participant” means the individual participating in the Program, being the individual listed on the registration or itssubstitute delegate.

“Invoice” means the Company’s tax invoice for the provision of the Program.

“Payment Due Date” means the date which the Program Cost is due, as specified on the Invoice.

REGISTRATION
Upon registration, the Participant agrees to be bound by and shall comply with these Terms and any other reasonable direction, requirements and conditions as may be required by the Company as organizer of the Event.
The Company reserves the right to cancel a Participant’s registration should payment of the Invoice not be received bythe Payment Due
Upon receipt of the completed Registration, the Company will issue the Participant with an Invoice.

PRICE AND PAYMENT

The Program Cost is current at the time they are published.
The Company reserves the right to change the Program Cost from time to time.
Sales Tax (GST/VAT) may be payable in addition to the Program Cost.
Payment made be made by electronic transfer or credit cards.
Where a Participant elects to pay “Pay In Full”, the total Program Cost is due and payable at the time of registration.
Where a Participant elects to pay by “Payment Plan”, the first instalment of the Program Cost is due at the time of registration and subsequent instalments are due on the Payment Due Date as specified on the Invoice.

CANCELLATIONS
No refund or exchange of the Program Cost will be given upon cancellation of the Program by the
A Participant may nominate a substitute delegate prior to the commencement of the Program with the prior written consent of the
The Company reserves the right to cancel the Program at any time with written In the event of theCompany’s cancellation, the Participant shall be entitled to refund equivalent to unused proportion of the Program.

NON-USE OF SERVICES OR FACILITIES

If the Participant either through its own choice or because it is unable to do so (through no default on the part of theCompany) does not use part or parts of the Program the Participant will not be entitled to a refund from the Company.

TERMS OF PARTICIPATION
The Participant is aged 18 years or
The Event may be recorded and the Participant grants to the Company its irrevocable approval to have its likeness, voice,materials and participation in the Program recorded in various audio and visual media for future use in commercial,instructional and/ or promotional The Participant irrevocably grants to the Company and its related entities allrights, title and interest it may otherwise have in any product resulting from such recording.
The Participant must not duplicate, copy, record or seek to do any such similar things of all or any parts of the Program and/or the Events.
The Participant acknowledges and agrees that it is participating in the Program and the Events of its own free will andaccept complete responsibility for its actions and well being at all
The Participant acknowledges, agrees and accepts that the Program is for general educational purposes in assisting the Participant in discovering more about general business principles and is (i) intended to be a guide for generalinformation purposes only; (ii) not to be relied on as specific advice; (iii) may not take into account all of the personal circumstances of the Participant; and (iv) not a substitute or replacement for professional
The Participant further acknowledges and agrees the information does not take into account its personalcircumstances or objectives and neither the Company nor their respective representatives are giving legal, tax,accounting, business or other professional advice in the course of the Program and/or Event.
The Participant acknowledges and agrees the need for it to seek independent professional advice which takes intoaccount its personal circumstances and objectives before acting on any information it may receive during its participation in the
The Participant is responsible for its own cost in attending the Event(s), including without limitation, the cost of transportation and accommodation.
1. NON-DISCLOSURE CONFIDENTIALITY
The Participant agrees and acknowledges that the Program Material is and remains the property of the Company.
Nothing in these Terms or the participation in the Program provides the Participant any right or interest in the Program Material other than the limited, non-exclusive, non-transferable license to use the Program Material for the purpose of participating in the Program.
The Participant must not, without the prior written consent of the Company, disseminate, divulge, disclose, produce, publish, permit access to the Program Material to any other parties.
The Participant acknowledges that the Participant may be required to, at the reasonable request of the Company, enter into a separate Confidentiality Agreement with the Company.

COMPANY’S RESPONSIBILITIES
The Company will arrange and provide the Program with all reasonable care and
The Company reserves its right to substitute the form of Program offered for similar products of a similar
Except to the extent that the Company’s liability may not be excluded:
the Company will not be liable for any loss or damages, howsoever arising, including but not limited to loss of income,profits, interest, opportunity or loss of market, and whether such losses may be direct, or special, or indirect orconsequential, and whether or not the Company had knowledge that such damages may be incurred;
the Company shall not be liable in respect of goods or services that it does not supply in providing the Program orwhich are additional to the scope of the Program from time to time.
The Participant agrees that where the Company’s services are acquired for business purposes, or the Participantholds itself out as acquiring the Company’s services for business purposes, the Competition and Consumer Act 2010will not apply to any supply of goods or services made under these

ENJOYMENT OF OTHERS

The Company retains the right to require any person to leave the premises at which the Program is being provided or theEvent is taking place if that person:

engages in conduct which unreasonably interferes with other persons wishing to enjoy the Program or the Event;
hampers or impedes the provision of Program by the Company to other Participants and/or the conduct of theEvent; or
breaches any laws, by-laws, orders or other rules applicable to the venue or the If a person fails to leave thepremises after being requested to do so then the Participant’s licence to remain at the premises of the Program andthe Event shall automatically be revoked.

POLICIES

The Participants hereby agrees to abide by the conditions as stipulated by Company from time to time in respect of theEvent(s) or venue for which the Program and/or the Event(s) relate or held.

INDEMNITY

The Participant hereby agrees to indemnify and hold the Company harmless from and against any costs, claims,liabilities, losses or expenses arising from or incidental to any breach by the Participant of these terms or conditions orof any law, by-law, order or other rule applicable to the Program and/or the Event.

All copyright, trade marks and all other intellectual property rights in the Program and its content (including withoutlimitation the text, graphics and other designs connected with the Program) are owned or licensed to the Company orotherwise used by the Company as permitted by law

FORCE MAJEUR

Neither the Participant nor the Company will be liable to the other for any delay or failure to fulfil their obligations underthese Terms to the extent that any such delay or failure arises from causes beyond their control, including but not limitedto fire, floods, acts of God, acts of regulations of any governmental or supranational authority, war, riot, terrorist activities,strikes, lockouts and industrial disputes.

GOVERNING LAW

The Participant agrees that these Terms shall be governed by the laws of the State of New South Wales, Australia.These Terms are intended to be as broad and inclusive as is permitted by the laws of the State of New South Wales. Ifany provision of these Terms is held or found to be invalid or otherwise unenforceable, then such invalidity orenforceability shall not affect the validity or enforceability of any other provision, or part of a provision, of These Terms.

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