Privacy Policy & Terms

Introduction
‍These Terms of Use constitute an agreement between Ploomo Pty Ltd (“Ploomo,” “we,” ”our,” or “us”) and you. These terms apply to your useof and access to any website owned or operated by Ploomo and/or its affiliates(“Website”). These Terms of Use also apply to all online resources provided on our Website, including knowledge centers and any certifications you may complete on our Website. By accessing or using our Website, you affirmatively agree to these Terms of Use. If you do not agree to accept and comply with the Terms of Use, you are not authorized to access or use our Website, and youshould discontinue use immediately. Ploomo reserves the right to modify these Terms of Use from time to time without providing prior notice. Your continued use of any Website following a modification constitutes your continued agreement to be bound by the Terms of Use.

‍Privacy Policy
‍You acknowledge and agree that our Privacy Policy isincorporated into these Terms of Use and that your use of our Website issubject to its terms. You may access our Privacy Policy here:[Link to Privacy Policy]

‍Intellectual Property Rights
‍All text, artwork, computer code, functionality, graphics,photographs, videos, sounds, music, user and visual interfaces, trademarks, andlogos, including but not limited to the design, structure, selection,coordination, expression, layout, color scheme, and overall appearance (the“Content”) of the Website is owned, controlled, or licensed by Ploomo and isprotected by trade dress, trademark, and copyright laws, including variousother intellectual property rights and unfair competition laws. All such rightsare reserved. Any use of the Website not expressly permitted by these Terms ofUse is a breach of these Terms of Use and may violate copyright, trademark, or other laws. Except as expressly provided herein, you are prohibited fromthe following activities: (i) copying, reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, uploading, storing, or transmitting the Content, whether in wholeor in part, and by any means; or (ii) combining or incorporating any portion ofthe intellectual property or Website with any other system, program, product, or service, including software of any type, without Ploomo’s express prior written consent in each case.Our name, logo, all related names/logos, service names, designs, and slogans are trademarks of Ploomo. You must not use such marks without our prior written consent. From time to time, some of the Content may be sponsored or third-party Content, and any such third-party will clearly be marked as such. To the extent that we post third-party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflectthe opinions and views of Ploomo, and we accept no responsibility for any such third-party opinions and views.We reserve the right to monitor, restrict access to, edit,or remove any Content available via the Website.

‍Registration/ Accounts
‍You may create an account by providing us with your name, email address, and country (an “Account”). Users who have created an Account(“Registered Users”) are able to access their accounts through the “My Profile” section of the Website. By creating an Account, you agree: (a) that you are able toand have the appropriate authority and authorization to create a binding agreement with us; (b) provide true, accurate, current, and complete information about yourself when we request it; and (c) maintain and promptly update this information to keep it true and accurate, current, and complete. Ifyou have previously had your access to or use of the Website terminated by us,you may not access or use the Website under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential. You are responsible for all of the activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms of Use, you agree to be responsible for ensuring that they comply with these Terms of Use. You must notify us immediately of any breach of security or unauthorized use of your Account by sending an email to [your email address] with “Unauthorized Use” in the subject line. Even if you notify us, you will be responsible for anyactivities that occur using your access credentials. We will not be liable forany losses by any unauthorized use of your account.We reserve the right, in our sole discretion, to terminateyour Account and/or access to the Website at any time, without notice. You mayterminate your Account at any time by clicking the “Deactivate” link in the MyProfile section. Our rights under these Terms of Use will expressly survivetermination of these Terms of Use, the cessation of your use of or access toour Website, and/or termination of your Account.

‍Your Use of the Website
‍By using our Website, you agree: You     will only use the Website and Content solely for your non-commercial,     personal purposes and/or to learn about Ploomo products and services. To     comply with all applicable laws, including, but not limited to any privacy     laws, intellectual property laws, export control laws, regulatory     requirements, etc. To     keep any usernames and passwords confidential and that you are responsible     for any and all activity on your account. Ploomo     will not be liable if, for any reason, all or any part of the Website is     unavailable at any time or for any period. That     you will immediately notify Ploomo if you suspect or become aware of any     unauthorized use of your account or any breach of security. That     Ploomo employees may have limited access to your account and records as     reasonably necessary to investigate complaints and maintain the Website.You acknowledge and agree that you may be held liable forlosses incurred by Ploomo or any other user of or visitor to the Websitearising out of any unauthorized use of your account and/or password because youdid not keep your account information secure and confidential.

‍Prohibited Uses
‍By using our Website, you agree you will not: Reverse engineer or otherwise attempt to discover any source code, or allow any third party to do so. Sell,assign, sublicense, distribute, commercially exploit, grant a security     interest in, or otherwise transfer or grant any right in, or make     available to a third party, any Content, specifically including the Ploomo     assessments unless you have an executed agreement permitting you to do so. Attempt     to gain unauthorized access to the Website or any portion thereof, or to     any tools and Content on the Website by any means. Use     the Website in any way that damages, disables, overburdens, or impairs the     Website or any of its functions or interferes with any other party’s use     and enjoyment of the Website. Test     or attempt to test the vulnerability of the Website to breach security for     the purpose of revealing information, including any personal identifying     information other than your own information. Use     any “deep-link,” “page-scrape,” “robot,” “spider,” or any other automatic     device, program, or tool to access, acquire, copy, or monitor any portion     of the Website or to obtain or attempt to obtain any materials, documents,     or information through any means not purposefully made available through     the Website. Use     the Website for any purpose or in any manner that is unlawful or     prohibited by these Terms of Use, nor will you solicit the performance of     any illegal activity or other activity which infringes on Ploomo’s rights     or the rights of others. Reverse     look-up, trace, or attempt to trace any information regarding other     Website users or visitors or any Ploomo customers or otherwise exploit the     Website or any service, Content, or information made available via the     Website in any way where the purpose is to reveal information other than     your own information. Ploomo     has the right to disable any account at any time if, in our opinion, you     have violated any provision in these Terms of Use.Information Provided by YouYou represent that you have all right, title, and interestto all information you provide on the Website, including but not limited to anyconsent, authorization, release, clearance, or license from any third partynecessary. Furthermore, you represent that any information provided by you doesnot violate or constitute the infringement of any patent, copyright, trademark,trade secret, rights of publicity, moral rights, or any other intellectualproperty rights recognized in any applicable jurisdiction or otherwiseconstitute a breach of any agreement with any other person or entity or aviolation of a third-party’s right to privacy.You represent that the information provided by you isaccurate, and that you will not knowingly, or with the intent to defraud,provide any misleading information to the Website.

‍Modification or Suspension of the Website and Right to Terminate Your Use of the Website
‍We reserve the right to change, suspend, or discontinue any aspect of the Website at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Website entirely. Any description of features onthe Website shall not be considered to be a representation by Ploomo that such features will always be included on the Website. From time to time, we may restrict access to some or all of the Website, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Website, without notice or liability, for any reason orno reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Website may become unavailable to you at anytime and for any period. If we suspend or discontinue any aspect of the Website, orterminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent they are stored within or in connection with your Account. Youhave no recourse with regard to any information that we delete, and we expressly disclaim any value you may attribute to any of your information stored by us.

‍Additional Terms and Conditions
‍Additional terms and conditions may apply if you purchase a subscription for any Ploomo product, and those terms are hereby incorporated into these Terms of Use by reference, and you further agree to abide by such additional terms and conditions. If there is any conflict between these Terms of Use and the terms provided for by your executed Client Agreement or PartnerAgreement, the terms in your Client Agreement or Partner Agreement shallcontrol. Ploomo’s obligations concerning any products or subscriptions aregoverned solely by the applicable Client Agreement or Partner Agreement, andnothing within these Terms of Use shall alter such agreements.Ploomo reserves the right to make changes to any products orsubscriptions offered on the Website, including any pricing for such productsor subscriptions, at any time and without prior notice.

‍Linked Third Party Websites
‍At times, independent third-party websites may be linked toour Website. These links are provided solely for the convenience of our Websiteusers and are not under Ploomo's control. Ploomo is not responsible for anddoes not endorse the content, information, or materials included on anythird-party website.

‍Disclaimers & Limitation of Liability
‍Ploomo makes no representations about the suitability,reliability, availability, security, quality, completeness, usefulness, oraccuracy of the Website or any of its Content for any purpose. To the extentpermitted by law, all information, software, products, services, and contentare provided on an "as-is" and "as-available" basis. Allinformation available on this Website is subject to change without notice.Ploomo makes no representations or warranties that the Website or any Contentwill be error-free, uninterrupted, or free from viruses or other destructivefeatures. Furthermore, Ploomo does not represent or warrant that any defectswill be corrected or that your use of the Website will provide any specificresults. Ploomo hereby disclaims all warranties and conditions of any kind withregard to the Website and any Content and your reliance thereon, including allimplied warranties or conditions of merchantability, fitness for a particularpurpose, accuracy, and non-infringement. Ploomo disclaims any and all liabilityfor the acts, omissions, and conduct of any third parties related to your useof the Website. You assume full responsibility for your use of the Website andany linked third-party websites.To the extent permitted by law, in no event shall Ploomo beliable for any direct, indirect, punitive, incidental, special, consequential,exemplary, or any other types of damages of any kind, including withoutlimitation damages for cover or loss of use, data, business revenue, or profitsarising out of or in any way related to the use of the Website or for anyWebsite content, whether such claim is based on contract, tort (includingnegligence and strict liability), the failure of any limited remedy to achieveits essential purpose, or otherwise, even if foreseeable.If, notwithstanding the foregoing, Ploomo is found to beliable to you for any damage or loss which is in any way connected with youruse of the Website or its Content, you hereby expressly agree that Ploomo'saggregate liability shall be limited to one hundred dollars ($100.00).

‍Indemnification
‍You agree to indemnify and hold Ploomo, its officers, directors, shareholders, affiliated entities, customers, employees, licensors, and contractors, and the successors and assigns of any of the foregoing, harmless from any demands, loss, liability, claims, or expenses, including attorney’s fees, made against Ploomo by any third party due to or arising outof your violation of these Terms of Use or your use of the Website, including but not limited to any use of the Content, services, or products other than as expressly authorized in these Terms of Use.

‍Export Control Laws
‍Export of any information from this Website is subject toall Australian and international export control laws. No Content may bedownloaded or otherwise exported in violation of these or any other laws.

‍General
Entire Agreement.
These Terms of Use constitute theentire agreement between Ploomo and you with respect to the subject matterherein, and any other previously existing written or oral agreements betweenPloomo and you regarding the use of our Website are hereby superseded. Ploomodoes not accept and hereby rejects any edits or modifications to these Terms ofUse.

‍Waivers.
Failure to take any action or exercise a remedy regarding a breach of these Terms of Use shall not constitute a waiver, and Ploomo reserves the right to bring action or exercise such remedy at a later date.

‍Severability.
If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect.

‍Governing Law.
The laws of Australia, specifically those of the Commonwealth of Australia, and any applicable state or territory laws, except for conflict of laws rules, will apply to and govern any dispute related to these Terms of Use, your use of the Website, the Content, and our Privacy Policy. You acknowledge and agree to the sole and exclusive jurisdiction and venue of the federal and state courts within Australia in the event of any dispute of any kind arising from or relating to these Terms of Use, your use of our Website, the Content, or our Privacy Policy.
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‍Last modified 16^th October 2023.