Terms & Conditions
1. Introduction
Welcome to PRGRMMD. These Terms & Conditions ("Terms") govern your access to and use of our website, the Advantage Index assessment tool, consultation booking services, and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
2. Definitions
"We," "us," "our" refers to PRGRMMD
"You," "your" refers to the individual or entity using our Services
"Advantage Index" refers to our operational assessment tool
"Services" refers to all products, tools, assessments, consultations, and communications provided by PRGRMMD.
3. Use of Services
3.1 Eligibility
You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using our Services on behalf of a business, you represent that you have authority to bind that business to these Terms.
3.2 Accuracy of Information
You agree to provide accurate, current, and complete information when using our Services, including when completing the Advantage Index assessment or booking consultations. You are responsible for ensuring any business information you provide does not violate any confidentiality obligations you may have.
3.3 Acceptable Use
You agree not to use the Services for any unlawful purpose, provide false or misleading information, interfere with or disrupt the Services, attempt to gain unauthorised access to our systems, or use automated systems to access the Services without permission.
4. Advantage Index Assessment
4.1 Nature of the Assessment
The Advantage Index is a self-assessment tool designed to provide insights into your business operations. The results are generated based on the information you provide and are intended for informational purposes only.
4.2 No Guarantee of Results
The Advantage Index score and any recommendations provided are general in nature. We do not guarantee any specific business outcomes, improvements, or results from using our Services or acting on any information provided.
4.3 Not Professional Advice
The Advantage Index and related outputs do not constitute professional business, financial, legal, or accounting advice. You should consult qualified professionals before making business decisions based on your results.
5. Consultations and Workshops
5.1 Booking and Scheduling
Consultations and workshops are subject to availability. By booking a consultation, you agree to attend at the scheduled time or provide reasonable notice of cancellation.
5.2 Recording of Communications
Sales calls, consultations, and workshops may be recorded for quality assurance, training, and record-keeping purposes. By participating, you consent to such recording.
6. Intellectual Property
6.1 Our Property
All content, materials, methodologies, tools, and intellectual property associated with our Services, including the Advantage Index, remain the exclusive property of PRGRMMD. You may not copy, reproduce, distribute, or create derivative works without our written permission.
6.2 Your Information
You retain ownership of the information you provide to us. However, by submitting information through our Services, you grant us a non-exclusive, royalty-free, perpetual licence to use, process, analyse, and store that information as described in our Privacy Policy.
7. Fees and Payment
7.1 Free Services
The Advantage Index assessment is currently provided free of charge. We reserve the right to modify this at any time.
7.2 Paid Services
Any paid services will be clearly identified with pricing before you commit. Payment terms will be provided at the time of purchase.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW, IN NO EVENT SHALL PRGRMMD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY DAMAGES ARISING FROM ANY DECISIONS MADE BASED ON INFORMATION PROVIDED THROUGH THE SERVICES, OR ANY ACTIONS TAKEN BY THIRD PARTIES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR AUD $100, WHICHEVER IS GREATER.
10. Indemnification
You agree to indemnify, defend, and hold harmless PRGRMMD and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Services, your breach of these Terms, your violation of any third-party rights, or any information you provide through the Services.
11. Third-Party Services
Our Services may contain links to third-party websites or integrate with third-party services (such as calendar booking systems). We are not responsible for the content, privacy practices, or terms of any third-party services.
12. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of the Services after any changes constitutes acceptance of the modified Terms.
13. Termination
We may suspend or terminate your access to the Services at any time, without notice, for any reason, including breach of these Terms. Upon termination, your right to use the Services will immediately cease.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising from these Terms or your use of the Services.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and PRGRMMD regarding your use of the Services and supersede any prior agreements.
17. Contact Us
If you have any questions about these Terms,
please contact us at:
PRGRMMD
Email: contact@prgrmmd.com
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
1. Introduction
Welcome to PRGRMMD. These Terms & Conditions ("Terms") govern your access to and use of our website, the Advantage Index assessment tool, consultation booking services, and any related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
2. Definitions
"We," "us," "our" refers to PRGRMMD
"You," "your" refers to the individual or entity using our Services
"Advantage Index" refers to our operational assessment tool
"Services" refers to all products, tools, assessments, consultations, and communications provided by PRGRMMD.
3. Use of Services
3.1 Eligibility
You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using our Services on behalf of a business, you represent that you have authority to bind that business to these Terms.
3.2 Accuracy of Information
You agree to provide accurate, current, and complete information when using our Services, including when completing the Advantage Index assessment or booking consultations. You are responsible for ensuring any business information you provide does not violate any confidentiality obligations you may have.
3.3 Acceptable Use
You agree not to use the Services for any unlawful purpose, provide false or misleading information, interfere with or disrupt the Services, attempt to gain unauthorised access to our systems, or use automated systems to access the Services without permission.
4. Advantage Index Assessment
4.1 Nature of the Assessment
The Advantage Index is a self-assessment tool designed to provide insights into your business operations. The results are generated based on the information you provide and are intended for informational purposes only.
4.2 No Guarantee of Results
The Advantage Index score and any recommendations provided are general in nature. We do not guarantee any specific business outcomes, improvements, or results from using our Services or acting on any information provided.
4.3 Not Professional Advice
The Advantage Index and related outputs do not constitute professional business, financial, legal, or accounting advice. You should consult qualified professionals before making business decisions based on your results.
5. Consultations and Workshops
5.1 Booking and Scheduling
Consultations and workshops are subject to availability. By booking a consultation, you agree to attend at the scheduled time or provide reasonable notice of cancellation.
5.2 Recording of Communications
Sales calls, consultations, and workshops may be recorded for quality assurance, training, and record-keeping purposes. By participating, you consent to such recording.
6. Intellectual Property
6.1 Our Property
All content, materials, methodologies, tools, and intellectual property associated with our Services, including the Advantage Index, remain the exclusive property of PRGRMMD. You may not copy, reproduce, distribute, or create derivative works without our written permission.
6.2 Your Information
You retain ownership of the information you provide to us. However, by submitting information through our Services, you grant us a non-exclusive, royalty-free, perpetual licence to use, process, analyse, and store that information as described in our Privacy Policy.
7. Fees and Payment
7.1 Free Services
The Advantage Index assessment is currently provided free of charge. We reserve the right to modify this at any time.
7.2 Paid Services
Any paid services will be clearly identified with pricing before you commit. Payment terms will be provided at the time of purchase.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW, IN NO EVENT SHALL PRGRMMD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY DAMAGES ARISING FROM ANY DECISIONS MADE BASED ON INFORMATION PROVIDED THROUGH THE SERVICES, OR ANY ACTIONS TAKEN BY THIRD PARTIES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR AUD $100, WHICHEVER IS GREATER.
10. Indemnification
You agree to indemnify, defend, and hold harmless PRGRMMD and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Services, your breach of these Terms, your violation of any third-party rights, or any information you provide through the Services.
11. Third-Party Services
Our Services may contain links to third-party websites or integrate with third-party services (such as calendar booking systems). We are not responsible for the content, privacy practices, or terms of any third-party services.
12. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of the Services after any changes constitutes acceptance of the modified Terms.
13. Termination
We may suspend or terminate your access to the Services at any time, without notice, for any reason, including breach of these Terms. Upon termination, your right to use the Services will immediately cease.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising from these Terms or your use of the Services.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and PRGRMMD regarding your use of the Services and supersede any prior agreements.
17. Contact Us
If you have any questions about these Terms,
please contact us at:
PRGRMMD
Email: contact@prgrmmd.com
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
Privacy Policy
Privacy Policy
1. Introduction
PRGRMMD ("we," "us," "our") is committed to being transparent about how we handle your personal information. This Privacy Policy explains what information we collect, how we use it, who we share it with, and your rights under Australian privacy law.
By using our website, the Advantage Index assessment, booking consultations, or interacting with us in any way, you agree to the collection and use of your information as described in this policy.
2. Information We Collect
2.1 Personal Information
When you use our Services, we collect your full name, email address, phone number, company name, and job title or position.
2.2 Business Information
Through the Advantage Index and related forms, we collect information about your business, including monthly revenue and revenue ranges, team size and employee count, annual growth rates, industry type, customer count, level of system integration, decision-making speed, percentage of repetitive work, documentation levels, primary business constraints, work stall and rework frequency, onboarding timeframes, current solution stage, and what triggered you to seek our services.
2.3 Communication Data
We collect and retain information from our interactions with you, including content of sales calls and consultations (which may be recorded), email correspondence, notes from meetings and workshops, and documents or materials you share with us.
2.4 Technical Data
When you visit our website, we automatically collect your IP address, browser type and version, device information, pages viewed and time spent, referring URLs, and click patterns.
2.5 Traffic Source Data
We track how you found us, including whether you came through organic search, paid advertising, LinkedIn outreach, or other channels.
3. How We Use Your Information
We use your information to generate your Advantage Index score and analysis, to schedule and conduct consultations, to communicate with you about our Services, and to respond to your enquiries.
We also use your information to identify products and services that match your needs, to send you marketing communications about our services and offers, to conduct targeted advertising, and to qualify and prioritise leads.
Additionally, we use your information to analyse trends and improve our offerings, to develop new features and services, to create benchmarking data and insights, and to share with third-party partners who may contact you with relevant offers.
4. How We Share Your Information
4.1 Third-Party Partners
We may sell, share, or transfer your personal and business information to third-party partners for their own marketing and business purposes. These partners may contact you directly with offers for products or services. By using our Services, you consent to this sharing.
4.2 Service Providers
We share information with companies that help us operate our business, including website hosting providers, email and communication platforms, calendar and scheduling tools, analytics services, and payment processors.
4.3 Legal Requirements
We may disclose your information where required by law, regulation, or legal process, or to protect our rights, property, or safety.
4.4 Business Transfers
If PRGRMMD is involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction.
5. Marketing Communications
5.1 How We Contact You
We may contact you via email, phone, and SMS with marketing communications about our services and partner offers.
5.2 Opting Out
You have the right to opt out of marketing communications at any time. You can click the unsubscribe link in any marketing email, reply STOP to any SMS, or email us at contact@prgrmmd.com with the subject line "Unsubscribe". We will process your opt-out request within 5 business days at no cost to you.
Please note that opting out of marketing does not delete your information from our database. We will retain your information as described in Section 7.
5.3 Third-Party Communications
If we have shared your information with third-party partners before you opt out, those partners may continue to contact you based on their own policies. You will need to opt out directly with them.
6. Your Rights Under Australian Privacy Law
Under the Australian Privacy Principles, you have certain rights regarding your personal information. You can request access to the personal information we hold about you. You can request correction of any inaccurate or incomplete information. You can request that we stop using your information for marketing purposes. You can ask where we obtained your personal information. To exercise any of these rights, contact us at contact@prgrmmd.com. We will respond within 30 days.
7. Data Retention
We retain your information for as long as necessary to fulfil the purposes outlined in this policy, including after you stop using our Services. This includes retaining information for product development and analytics, compliance with legal obligations, resolution of disputes, and enforcement of our agreements.
Information shared with third parties is subject to their own retention policies.
8. Data Security
We implement reasonable technical and organisational measures to protect your information from unauthorised access, loss, or misuse. However, no system is completely secure, and we cannot guarantee the absolute security of your information.
9. Cookies and Tracking
We use cookies and similar technologies to collect usage data, remember your preferences, and improve your experience. You can control cookies through your browser settings, though some features may not function properly if cookies are disabled.
10. International Transfers
Your information may be stored or processed in countries other than Australia. By using our Services, you consent to the transfer of your information to countries that may have different data protection laws.
11. Children's Privacy
Our Services are not intended for individuals under 18. We do not knowingly collect personal information from children.
12. Changes to This Policy
We may update this Privacy Policy from time to time. Changes will be effective immediately upon posting to our website. Your continued use of our Services after any changes constitutes acceptance of the updated policy.
13. Complaints
If you have concerns about how we have handled your personal information, please contact us first at contact@prgrmmd.com.
14. Contact Us
For any questions about this Privacy Policy or to exercise your rights, contact us at contact@prgrmmd.com.
By using our Services, you acknowledge that you have read and understood this Privacy Policy and consent to the collection, use, and disclosure of your information as described.
1. Introduction
PRGRMMD ("we," "us," "our") is committed to being transparent about how we handle your personal information. This Privacy Policy explains what information we collect, how we use it, who we share it with, and your rights under Australian privacy law.
By using our website, the Advantage Index assessment, booking consultations, or interacting with us in any way, you agree to the collection and use of your information as described in this policy.
2. Information We Collect
2.1 Personal Information
When you use our Services, we collect your full name, email address, phone number, company name, and job title or position.
2.2 Business Information
Through the Advantage Index and related forms, we collect information about your business, including monthly revenue and revenue ranges, team size and employee count, annual growth rates, industry type, customer count, level of system integration, decision-making speed, percentage of repetitive work, documentation levels, primary business constraints, work stall and rework frequency, onboarding timeframes, current solution stage, and what triggered you to seek our services.
2.3 Communication Data
We collect and retain information from our interactions with you, including content of sales calls and consultations (which may be recorded), email correspondence, notes from meetings and workshops, and documents or materials you share with us.
2.4 Technical Data
When you visit our website, we automatically collect your IP address, browser type and version, device information, pages viewed and time spent, referring URLs, and click patterns.
2.5 Traffic Source Data
We track how you found us, including whether you came through organic search, paid advertising, LinkedIn outreach, or other channels.
3. How We Use Your Information
We use your information to generate your Advantage Index score and analysis, to schedule and conduct consultations, to communicate with you about our Services, and to respond to your enquiries.
We also use your information to identify products and services that match your needs, to send you marketing communications about our services and offers, to conduct targeted advertising, and to qualify and prioritise leads.
Additionally, we use your information to analyse trends and improve our offerings, to develop new features and services, to create benchmarking data and insights, and to share with third-party partners who may contact you with relevant offers.
4. How We Share Your Information
4.1 Third-Party Partners
We may sell, share, or transfer your personal and business information to third-party partners for their own marketing and business purposes. These partners may contact you directly with offers for products or services. By using our Services, you consent to this sharing.
4.2 Service Providers
We share information with companies that help us operate our business, including website hosting providers, email and communication platforms, calendar and scheduling tools, analytics services, and payment processors.
4.3 Legal Requirements
We may disclose your information where required by law, regulation, or legal process, or to protect our rights, property, or safety.
4.4 Business Transfers
If PRGRMMD is involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction.
5. Marketing Communications
5.1 How We Contact You
We may contact you via email, phone, and SMS with marketing communications about our services and partner offers.
5.2 Opting Out
You have the right to opt out of marketing communications at any time. You can click the unsubscribe link in any marketing email, reply STOP to any SMS, or email us at contact@prgrmmd.com with the subject line "Unsubscribe". We will process your opt-out request within 5 business days at no cost to you.
Please note that opting out of marketing does not delete your information from our database. We will retain your information as described in Section 7.
5.3 Third-Party Communications
If we have shared your information with third-party partners before you opt out, those partners may continue to contact you based on their own policies. You will need to opt out directly with them.
6. Your Rights Under Australian Privacy Law
Under the Australian Privacy Principles, you have certain rights regarding your personal information. You can request access to the personal information we hold about you. You can request correction of any inaccurate or incomplete information. You can request that we stop using your information for marketing purposes. You can ask where we obtained your personal information. To exercise any of these rights, contact us at contact@prgrmmd.com. We will respond within 30 days.
7. Data Retention
We retain your information for as long as necessary to fulfil the purposes outlined in this policy, including after you stop using our Services. This includes retaining information for product development and analytics, compliance with legal obligations, resolution of disputes, and enforcement of our agreements.
Information shared with third parties is subject to their own retention policies.
8. Data Security
We implement reasonable technical and organisational measures to protect your information from unauthorised access, loss, or misuse. However, no system is completely secure, and we cannot guarantee the absolute security of your information.
9. Cookies and Tracking
We use cookies and similar technologies to collect usage data, remember your preferences, and improve your experience. You can control cookies through your browser settings, though some features may not function properly if cookies are disabled.
10. International Transfers
Your information may be stored or processed in countries other than Australia. By using our Services, you consent to the transfer of your information to countries that may have different data protection laws.
11. Children's Privacy
Our Services are not intended for individuals under 18. We do not knowingly collect personal information from children.
12. Changes to This Policy
We may update this Privacy Policy from time to time. Changes will be effective immediately upon posting to our website. Your continued use of our Services after any changes constitutes acceptance of the updated policy.
13. Complaints
If you have concerns about how we have handled your personal information, please contact us first at contact@prgrmmd.com.
14. Contact Us
For any questions about this Privacy Policy or to exercise your rights, contact us at contact@prgrmmd.com.
By using our Services, you acknowledge that you have read and understood this Privacy Policy and consent to the collection, use, and disclosure of your information as described.