Terms & Conditions
1. Access and Use
Project Alignment Pty Ltd permits you to use the 3 sets of documentation downloaded from this website known as the “PM Accelerate Methodology” , “PM Coach Capability Assessment” and “PM Coach Capability Improvement Plan” (the “Methodology”) only if you agree to the terms, conditions, notices and disclaimers of this agreement contained in this document (Terms of Use).
Please read this licence (the “Licence”) carefully and save them. Any questions or comments regarding, or problems with the Website should be notified (by email) to Project Alignment Pty Ltd immediately.
2. Acceptance
Acceptance of this agreement binds you and all of your employees, third parties, contractors and agents to the terms of the Licence.
3. Content
Changes are made periodically to the content of the Methodology (the “Content”) and the Content could include technical inaccuracies or typographical errors.
Also check the website periodically for any changes to this Licence agreement.
4. Grant of Licences
Subject to the terms and conditions of this Agreement, Business Alignment hereby grants you a non-exclusive and non-transferable right to access to use the Methodology in accordance with the terms and conditions set forth in this Agreement. You agree not to distribute, sell, license or otherwise provide any of the copies made hereunder to any third party or third person.
5. No Warranty / Use At Your Own Risk
Project Alignment Pty Ltd gives no warranties whatsoever, express or implied regarding the outcomes and outputs resulting from your use of the Methodology. You agree that the Methodology is accepted and utilized “AS IS”.
PROJECT ALIGNMENT PTY LTD DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WITH RESPECT TO THE METHODOLOGY, ANY DATA, INFORMATION, OR OTHER MATERIAL FURNISHED TO THE YOU HEREUNDER, INCLUDING THEIR CONDITION; CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION; THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS; AND TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ANY FEEDBACK PROVIDED BY YOU TO PROJECT ALIGNMENT PTY LTD IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT.
INFORMATION PROVIDED THROUGH THIS SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE SITE, INCLUDING INFORMATION RECEIVED THROUGH YOUR USE OF THE METHODOLOGY, ARE YOUR SOLE RESPONSIBILITY.
You acknowledge that the Methodology cannot be guaranteed error free and further acknowledge that the existence of any such errors shall not constitute a breach of this Licence.
Project Alignment Pty Ltd does not guarantee that the Methodology will be free from corruption or viruses. As such you accept full responsibility for maintaining the Methodology free from both corruption and from viruses. If you suspect that the Methodology has been corrupted, then Project Alignment Pty Ltd can reissue the Methodology at no additional charge to you.
6. Limitations of Liability
IN NO EVENT SHALL PROJECT ALIGNMENT PTY LTD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE METHODOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT SHALL PROJECT ALIGNMENT PTY LTD AGGREGATE LIABILITY TO YOU, AND ANY OTHER THIRD PARTY, EXCEED THE AMOUNT ACTUALLY PAID TO PROJECT ALIGNMENT PTY LTD UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF CLAIM OR ACTION. ANY ACTION TAKEN AGAINST PROJECT ALIGNMENT PTY LTD MUST BE BROUGHT WITHIN TWELVE MONTHS OF WHEN THE CAUSE OF ACTION ACCRUES.
7. Indemnity
You agree to indemnify, defend and hold Project Alignment Pty Ltd and its affiliates, and their respective officers, directors, owners, agents, contractors, information providers and licensors harmless from and against any and all claims, liability, losses, costs and expenses incurred by any Project Alignment Pty Ltd Party in connection with: (i) any use or alleged use of the Methodology on your part (ii) or any breach of the warranties which are contained in this Agreement on your part.
8. Ownership of Intellectual Property Rights
The intellectual property rights of the Methodology remain with Project Alignment Pty Ltd.
9. Payment
The prices listed on the website are in Australian Dollars (AUD) only.
10. Delivery
The Methodology will be automatically downloaded once payment is received.
11. Refunds
Project Alignment does not offer a refund.
12. Definition of “You” in This Licence
“You” throughout this Licence, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this Licence.
13. Termination
This Licence may be terminated by Project Alignment Pty Ltd if you are in material breach of any term of this Licence.
14. Applicable Law
You agree that the laws of the State of Victoria, Australia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Project Alignment Pty Ltd or its associates. You agree to submit to the jurisdiction of the courts and tribunals of Victoria.
15. Severance
If any clause or provision of this Licence shall be held illegal or unenforceable by any judgment of any court or tribunal having competent jurisdiction, such judgment shall not affect the remaining provisions of this Licence which shall remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included in this Licence.