These Website Terms of Use ("Terms") govern your access to and use of the Prosper website located at www.prosperex.com.au and any associated websites operated by Prosper EX Pty Ltd ABN 36 646 927 531 ("Prosper", "we", "our", or "us").
By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, you must cease using the website immediately.
1. About Prosper
Prosper provides software, information, resources, communications and related services designed to support workforce engagement, learning, communication, performance management and operational excellence. The information on this website is provided for general informational purposes only.
2. Eligibility
You must be at least 18 years old and have the legal capacity to enter into binding agreements to use this website. If you access this website on behalf of an organisation, you warrant that you have authority to bind that organisation to these Terms.
3. Acceptance of Terms
By accessing, browsing or using the website, you acknowledge that you have read and understood these Terms, you agree to comply with them, you agree to our Privacy Policy, and you will comply with all applicable laws and regulations.
4. Changes to These Terms
We may modify these Terms at any time. Updated Terms become effective upon publication on the website. Your continued use of the website following publication constitutes acceptance of the revised Terms.
5. Website Content
The content on this website may include product information, demonstrations, whitepapers, articles, videos, marketing materials, case studies, customer testimonials, and industry insights. While we endeavour to ensure accuracy, we do not guarantee that website content is current, complete, accurate or suitable for your circumstances. You should obtain independent advice before relying on any information provided.
6. No Professional Advice
Content provided on the website is general in nature and does not constitute legal advice, HR advice, employment advice, or financial advice. It should not be relied upon as a substitute for professional advice. Prosper accepts no responsibility for actions taken based upon website content.
7. Intellectual Property Rights
Unless otherwise stated, all intellectual property rights in the website are owned by or licensed to Prosper. This includes software, source code, product names, logos, branding, graphics, text, images, videos, documents, designs, databases, and website layout and functionality. Nothing in these Terms transfers ownership of intellectual property rights to you.
You may view and print website content solely for your internal business purposes. You must not reproduce, copy, modify, republish, distribute, reverse engineer, commercialise, or create derivative works from any part of the website without our prior written consent.
8. Trade Marks
"Prosper" and associated logos are trademarks owned by Prosper EX Pty Ltd. You must not use our trademarks without prior written approval.
9. User Submissions
Where you submit information through the website, including contact forms, enquiries, surveys, feedback or downloadable resource requests, you warrant you have authority to provide the information, grant Prosper a non-exclusive licence to use the information for business purposes, and confirm the information is accurate and lawful.
You must not submit information that is misleading, defamatory, infringes third-party rights, contains malicious code, or violates any law.
10. Acceptable Use
You must not use the website unlawfully, attempt unauthorised access to systems, interfere with website operation, introduce malware, scrape or harvest data, conduct automated extraction without consent, circumvent security controls, or impersonate another person or entity. We reserve the right to restrict or terminate access where misuse is detected.
11. AI and Automated Access
You must not use bots, crawlers, AI agents, automated scripts or similar technologies to access, extract, copy, index or train artificial intelligence systems using website content without our prior written consent. Prosper reserves all rights regarding the use of website content for machine learning, AI training and automated processing.
12. Third Party Links
The website may contain links to third-party websites. We do not endorse, control, monitor or accept responsibility for any third-party website or content. Accessing third-party websites is at your own risk.
13. Availability
We do not guarantee that the website will be uninterrupted, secure, error-free, or free from defects or vulnerabilities. We may modify, suspend or discontinue any aspect of the website at any time without notice.
14. Security
While we employ commercially reasonable security measures, no internet transmission is completely secure. You acknowledge that website use occurs at your own risk, electronic communications may be intercepted, and security breaches may occur despite reasonable safeguards.
15. Privacy
Your use of the website is subject to our Privacy Policy. By using the website, you consent to the collection, use and disclosure of information as described in that policy.
16. Software Demonstrations and Trial Information
Any demonstrations, screenshots, product descriptions, videos or examples are provided for illustrative purposes only. Actual product functionality may vary and may change over time. Nothing on the website constitutes a binding commitment regarding future product features unless expressly stated in a written agreement.
17. Disclaimer
To the maximum extent permitted by law, the website is provided "as is" and "as available". We make no warranties regarding accuracy, reliability, suitability, availability or fitness for purpose. All implied warranties are excluded except where exclusion is prohibited by law.
18. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any rights, guarantees or remedies that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation. Where liability cannot be excluded, our liability is limited to the maximum extent permitted by law.
19. Limitation of Liability
To the maximum extent permitted by law, Prosper and its officers, employees, contractors and affiliates are not liable for any indirect loss, consequential loss, special loss, loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, data loss, or business interruption. Our aggregate liability arising from or relating to the website will not exceed AUD $100. This limitation applies whether liability arises in contract, tort, negligence, statute or otherwise.
20. Indemnity
You indemnify Prosper against any loss, liability, damage, claim or expense arising from your breach of these Terms, your misuse of the website, your violation of any law, or your infringement of third-party rights.
21. Termination
We may suspend, restrict or terminate your access to the website immediately if you breach these Terms, we suspect unlawful conduct, or we reasonably believe access presents a security risk. Termination does not affect accrued rights or obligations.
22. Confidentiality
Information specifically identified as confidential must not be disclosed without prior written consent. Nothing on the website grants rights to use proprietary business information.
23. Governing Law
These Terms are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.
24. Contact Information
Prosper EX Pty Ltd
Email: support@prosperex.com.au
Website: www.prosperex.com.au
ABN: 36 646 927 531
25. Entire Agreement
These Terms constitute the entire agreement relating to use of the website and supersede all prior understandings relating to website access and use.