1.COPYRIGHT AND TRADEMARKS

All intellectual property rights (including future copyright) in the information and other material appearing on the Change Management Institute's (CMI) website vests in and is the exclusive property of CMI.

The names, images and logos identifying CMI or third parties and their products and services are subject to copyright, design rights and trade marks of CMI and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of CMI and/or any other third party.

2. LEGAL JURISDICTION

This website is controlled by CMI and by accessing them you accept that any disputes arising out of your use of the website or its contents, as well as terms governing your use and membership shall be governed by the courts having jurisdiction in the State of New South Wales in Australia in accordance with the laws in force in the State of New South Wales in Australia. These services may be accessed throughout Australia and overseas. CMI makes no representation that the material on these services complies with the laws of any country outside Australia. If you access these services from outside Australia you are responsible for ensuring compliance with all applicable laws in the place where you are located.

3. PRIVACY POLICY

Personal data will be handled in accordance with CMI's privacy policy.

4. ACCEPTABLE USE

4.1 www.change-management-institute.com.au

Certain sections of change-management-institute.com.au are restricted to CMI members. CMI reserves the right to designate pages as member-only.

4.2 CMI Blog

The CMI Blog is a discussion forum provided for CMI members to discuss issues related to change management.

By posting on the CMI blog and discussion pages you agree to undertake not to post defamatory or libellous material; material subject to any copyright other than your own; or material which may be in breach of obscenity, anti-discrimination or other legislation.

Users undertake not to use the site for advertising and promotional purposes other than those agreed to and sanctioned by CMI.

You undertake not to harass, discriminate against or otherwise mistreat other users and agree that any personal information they provide may not be further disseminated with their approval.

You agree that any information you post on the blog will be true and correct to the best of your knowledge at the time of posting.

4.3 Tools, Templates and Tips

The CMI Tools and Templates section was provided for the purpose of developing a library of Tools, Templates and Tips to help members in their change management efforts. They have been developed by members of the CMI who wish to share them.

By providing us with tools and templates you agree to undertake not to post defamatory or libellous material; material subject to any copyright other than your own; or material which may be in breach of obscenity, anti-discrimination or other legislation.

5. LIABILITY

5.1 Accuracy of information

All information on CMI website is provided 'as seen' and CMI accepts no liability for loss or damage caused as a result of reliance on information posted on any CMI online service, whether that information has been posted by CMI or by a third party.

5.2 Indemnity

Users will at all times indemnify and will continue to indemnify, hold harmless and defend CMI, its related bodies corporate and their respective personnel from and against all liabilities, costs, damages, expenses, claims, suits, allegations and demands, including, without limitation, all legal fees (incurred on a solicitor and own client basis), arising out of or in relation to:

  • (a) any infringement, or claim or allegation of infringement, of the intellectual property rights or any other proprietary rights of a third party; and
  • (b) any fraud, deliberate or wilful misconduct or negligence or breach of these terms and conditions committed by users.

5.3 Availability of service

CMI provides its services on an 'as and when available' basis and makes no guarantee as to the availability or performance of the sites. Where a link appears to an external website maintained by a third party, CMI gives no endorsement as to the services operated by those websites.

5.4 Security

CMI will take all reasonable steps to maintain the security of information provided by members and users of the site but will not accept responsibility for breaches of security or unauthorized access that arises as a result of disclosure by members/users of their login details. Members/users remain responsible at all times for maintaining the confidentiality of their login details, username and password and CMI accepts no liability for the misuse of these details.

While CMI also takes reasonable steps to ensure its e-services are virus free, members/users acknowledge that they access the services at their own risk and that CMI is not responsible for any damages caused as a result of accessing CMI web services. This includes, but is not limited to, any monetary or other loss that may result from loss or corruption of data, downtime or hardware damage.

5.5 Links to other websites

This site may contain links or other references to other parties and their websites. CMI cannot control the contents of those other sites, and makes no warranty about the accuracy, timeliness or subject matter of the material located on those sites. CMI does not necessarily approve of, endorse or sponsor any content or material on those sites.

CMI makes no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

CMI is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking to them from this website.

6. RIGHT OF REFUSAL

In the event that you breach any of these conditions CMI reserves the right to refuse publication or to remove from the public domain any posting, advertisement or comment on any CMI online service at any time without prior notice, and where payment has already been made to withhold from refund an amount equivalent to any costs incurred and/or service already supplied.

7. Membership

Individual annual membership fees are due in full on joining CMI or on anniversary of joining. The following applies to CMI membership products and services.

7.1 CMI constitution, code of ethics and by-laws

All members are bound by the CMI constitution, the code of ethics and professional conduct, and all by-laws, notices and directives of CMI.

7.2 Failure to accept of conditions of membership

CMI members are required to indicate their acceptance of all terms and conditions of membership. New applications and renewals will not be processed until confirmation is received.

7.3 Failure to pay

CMI membership fees are due annually from the date and month in which the member joined CMI. If a member does not pay their membership fees, they will cease to be a CMI member and be removed from the CMI active member database.

Failure to pay will result in membership being lapsed on the last day of the individual's renewal month and all membership benefits will cease. If an individual's membership does lapse that individual must not use any CMI professional designation after their name or claim to be a member of the CMI.

7.4 Readmission fee

Former CMI members who have either resigned or lapsed have to pay their individual annual membership fees in full on re-joining CMI.

7.5 Cancellation/refund policy

CMI does not provide refunds on membership fees.

7.6 Transfer of membership

CMI memberships are individual and non-transferable. The only exception is for memberships held under a corporate account, which may be transferred at the time of the account renewal.

7.7 Costs incurred by CMI in processing membership fees

All unexpected costs incurred by CMI in the processing of membership fees will be charged back to the member. Such costs include, but are not limited to, bounced cheques fees and related bank charges.

8. SUSPENSION

CMI reserves the right to remove service, cancel member accounts and remove from e-services sites any posts in the event of any breach of this agreement, non-payment for services, breach of the talk policy or conduct which is likely to be detrimental to the good name of CMI and its members.

9. CHANGES TO THIS PRIVACY POLICY

These Terms and Conditions may change from time to time.

These Terms and Conditions were last updated in June 2009.