RMP Aus Pty Ltd (ABN 84 669 191 833), trading as Reiss Motivation Australia.

RMP Aus Pty Ltd (ABN 84 669 191 833), trading as Reiss Motivation Australia ("we", "us", "our"), is committed to providing quality services to you while protecting your privacy. This policy explains how we collect, use, disclose, store and protect your personal information.

We adopt the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth), which govern how we collect, use, disclose, store, secure and dispose of personal information.

1. Who this policy applies to

This policy applies to everyone whose personal information we handle, including individuals who complete a Reiss Motivation Profile and/or Reiss Motivation Digital, organisational clients and their users, website visitors, and people who contact us. It should be read together with our Terms and Conditions.

2. The personal information we collect

Personal information is information or an opinion about you where you are identified or reasonably identifiable, whether it is true and whether recorded in a material form (as defined in section 6(1) of the Privacy Act 1988 (Cth)).

The personal information we collect includes:

• Identifying and contact details such as name, email address, phone number, postal address, age (or date of birth), gender, country of residence, company name and, where relevant, role. We collect your age or date of birth in part to confirm your eligibility to use our services (see section 13).
• Profile data: your Reiss Motivation Profile results.
• Payment information used to process purchases. Card payments are processed by our third-party payment provider; we do not store your full card details.

Some information we collect is sensitive information, which has the meaning given in section 6(1) of the Privacy Act 1988 (Cth) and includes information about your health, racial or ethnic origin and religious beliefs, among other things. We collect sensitive information only with your consent, unless we are otherwise permitted by law, and we handle it in accordance with the APPs.

3. How we collect your information

We collect personal information directly from you where reasonable and practicable, for example when you register, complete a profile, make a purchase or contact us. We may also receive information from your organisation where you participate in a program, and from third parties such as analytics providers. Some technical data is collected automatically when you use our websites and platform (see Cookies and derivative data below).

If you leave a voicemail message through our support line, that recording is stored so we can respond to your enquiry. We do not record live calls.

4. Why we collect and use your information

We collect and use your personal information to provide our products and services, including to create and deliver your profile results, administer accounts, process payments, provide support, and meet our legal and contractual obligations. We may also use it for related purposes you would reasonably expect, such as improving our services.

5. Use of your profile data within an organisational program

Where your Reiss Motivation Profile is administered under a program run by an organisation (for example, your employer or a sporting body), that organisation decides how your results are used within its program. The organisation is responsible for participation and how your results will be used, obtaining your consent before you participate, and handling any request you make to withdraw consent or restrict use of your results.

In these cases, we act as a service provider, processing your information on the organisation's behalf and in accordance with our agreement with that organisation. The organisation is responsible for its own use of your results, including any decisions it makes using them.

If you want to withdraw consent or restrict how your results are used within a program, please contact your organisation. We will act on the organisation's written instruction. This is separate from the marketing opt-out described in section 11.

6. Disclosure of your information

We do not sell your personal information.

We may disclose your personal information:

• to the organisation that has engaged us, where you participate in its program (see section 5);
• to service providers who help us deliver our services, under arrangements that require them to protect your information;
• where you have consented to the disclosure;
• where required or authorised by law; and
• to a relevant party in connection with a business sale, merger, acquisition or restructure involving Reiss Motivation Australia, subject to this policy.

7. Overseas disclosure

We host User Data in Australia using Microsoft Azure. To produce your profile, some non-identifiable questionnaire responses are processed overseas, in the United States, by IDS Publishing Corporation, our scoring provider, and the resulting scores are returned to us. The data sent for scoring does not identify you. Certain operational and account data may also be processed overseas by our service providers, for example in the United States, for purposes such as hosting support, billing and system monitoring. We take reasonable steps to ensure overseas recipients handle your information consistently with the Australian Privacy Principles.

8. AI-assisted insights (MotivationLab)

Where you choose to use MotivationLab to generate personalised insights from your Reiss Motivation Profile results, we use AI tools hosted in Australia to help produce these insights. The first time you use MotivationLab, your existing profile report, which includes your name, is sent to our AI provider so your scores can be extracted from it. This transfer is transient: the report is used only to extract your scores and is not retained by the AI provider. After that, all further processing uses a de-identified version of your profile data, and your name is not disclosed to the AI provider during ongoing use. If you choose to type personal information into MotivationLab's chat feature, that text is sent to the AI provider as you enter it, and you are responsible for what you choose to share this way.

AI-generated insights are reviewed before use in any client-facing context, are provided for general information only, and do not constitute psychological, medical or professional advice. Our AI providers are contractually prohibited from using your information to train their models and from retaining it beyond what is needed to produce your insight.

9. Storage, security and retention

We store your personal information in a way that reasonably protects it from misuse, loss and unauthorised access, modification or disclosure. We retain personal information for as long as it is needed to provide our services and to meet our legal and contractual obligations. User Data held for organisational clients is retained in line with the relevant service agreement, and data in inactive accounts may be deleted after 12 months of inactivity. When information is no longer needed, we take reasonable steps to destroy or de-identify it.

10. Data breaches

We are subject to the Notifiable Data Breaches scheme under the Privacy Act 1988 (Cth). If we become aware of a data breach that is likely to result in serious harm, we will assess it and, where required, notify the Office of the Australian Information Commissioner (OAIC) and affected individuals. Where a breach involves information we hold for an organisational client, we will also notify that client in accordance with our agreement with them.

11. Marketing and communications

We may use your contact details to send you information and marketing about our products and services. You can unsubscribe or opt out of our marketing lists at any time by contacting us in writing or using the unsubscribe link in our emails. Opting out of marketing is separate from any organisational program described in section 5. To change how your results are used in a program, contact your organisation.

12. Accessing and correcting your information

You may request access to the personal information we hold about you and ask us to correct it if it is inaccurate, out of date or incomplete, subject to certain exceptions. To protect your information, we may ask you to verify your identity before we release it. Please contact us in writing to make a request. We will respond to your request within a reasonable period, usually within 30 days.

13. Children and young people

Our platform and services are intended for individuals aged 16 and over. If you are under 18 (a Minor, aged 16 or 17), we require parental or guardian involvement in reviewing this policy and our Terms and Conditions before you use our services. Further detail is set out in our Terms and Conditions.

14. Cookies and derivative data

When you use our websites and Platform, some data is collected automatically, such as IP addresses, browser and device types, interactions, dates and times of access, cookies and log data. In most cases this information does not identify you. We use:

• essential cookies required for the Platform to function and to keep you signed in; and
• analytics cookies (Google Analytics) to understand how our websites are used.

You can manage cookies through your browser settings. Disabling some cookies may affect how the Platform works.

15. Complaints and enquiries

If you have a question or complaint about this policy or how we handle your personal information, please contact us using the details below. If you are not satisfied with our response, you can contact the Office of the Australian Information Commissioner at oaic.gov.au.

16. Changes to this policy

We may update this policy from time to time. The current version is always available on our website.

17. Contact us

Reiss Motivation Australia, RMP Aus Pty Ltd (ABN 84 669 191 833). Email: info@reissmotivation.com. Phone: 1800 930 227.

RMP Aus Pty Ltd (ABN 84 669 191 833), trading as Reiss Motivation Australia.

The websites located at www.reissmotivation.com and the Reiss Motivation Insights Platform located at my.reissmotivation.com, MotivationLab located at my.reissmotivation.com/molab, and all associated services and resources (collectively referred to as the Items), are owned, controlled, operated and/or provided by RMP Aus Pty Ltd (ABN 84 669 191 833), trading as Reiss Motivation Australia (we, us, our, or Reiss Motivation Australia).

The terms and conditions set out below (Terms and Conditions) will apply to you (you or your) if you access, browse and use the Items.

By accessing and using the Items or by specifically agreeing to the Terms and Conditions at any time when you are using the Items, you agree to the Terms and Conditions. If you do not accept the Terms and Conditions, you must not access and use the Reiss Motivation Australia Items.

We may change the Terms and Conditions at any time. If you have a Reiss Motivation Australia Account (as defined below), we will provide you with notice of any changes via the e-mail linked to your account. Any use of the Items by you after the date of variation of the Terms and Conditions will be bound by the Terms and Conditions as varied.

You should familiarise yourself with the Terms and Conditions before accessing the Items. If you have any questions about the Terms and Conditions, you can contact us at info@reissmotivation.com.

Please carefully note the following about the Terms and Conditions

• Any Content that can be accessed on the Items are for your personal, non-commercial use only.
• Your ability to hold us responsible for any loss or damage you may suffer from using the Services may be significantly restricted.
• Our liability to you for any loss or damage you may suffer from using the Services may be significantly restricted.
• Subject to any rights which you may have as a Consumer or otherwise at law which cannot be excluded under contract, your use and access of the Services is on an "as is" basis and is entirely at your own risk.
• You are solely responsible for compliance with all laws and regulations applicable to your use of the Services.
• You may be required to compensate us for any loss or damage that we may suffer from your breaching the Terms and Conditions.

A. Terms

1. Application of Terms and Conditions

1.1. You agree to be legally bound by the Terms and Conditions when you do any of the following: (a) viewing, browsing, accessing or otherwise using the Items; (b) indicating that you agree to the Terms and Conditions when registering a Reiss Motivation Australia Account.

1.2. Your access to, and use of, the Items, is subject to all conditions specified in the Terms and Conditions.

1.3. Where you access or use the Items through an Account provided to you by an organisation, such as your employer or a sporting body, that has separately contracted with us (Client Agreement), these Terms and Conditions apply to you in addition to that Client Agreement. If there is any inconsistency between these Terms and Conditions and the Client Agreement in relation to that organisation's rights or obligations, the Client Agreement will govern to the extent of the inconsistency.

2. Eligibility to Access the Items

2.1. The Items are intended for individuals aged 16 and above. By accessing or using the Items (whether or not you register a Reiss Motivation Australia Account), you confirm that you are at least 16 years of age.

2.2. If you are under 18 (a Minor, aged 16 or 17), you also confirm that you understand how we collect, use, and process your Personal and Sensitive Information as set out in our Privacy Policy and that you consent to these practices.

2.3. If you are under 18 (a Minor), we require parental or guardian involvement in reviewing our Privacy Policy and these Terms and Conditions before you access or use the Items or register a Reiss Motivation Australia Account. Parents and guardians must assist Minors in understanding these documents and are deemed to have consented to their child's use of the Items where such use occurs.

3. Member Registration

3.1. You may need to register a user account to access specific sections or features of the Items (Reiss Motivation Australia Account).

3.2. When you register and activate your Reiss Motivation Australia Account, you will provide us with Personal Information such as your name and email address. You may also provide us with the Personal Information of third parties for the purposes of sending invitations to them to register and activate a Reiss Motivation Australia Account. You must ensure that this information is accurate and current.

3.3. When you register and activate your Reiss Motivation Australia Account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under your account.

3.4. If you are under the age of 16 years, you are not permitted to create a Reiss Motivation Australia Account. If you are aged 16 or 17 (Minor), you represent that you have reviewed these Terms and Conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand the Terms and Conditions before accessing Reiss Motivation Australia or creating a Reiss Motivation Australia Account.

3.5. If you are a parent or guardian permitting a Minor to create a Reiss Motivation Australia Account, you are deemed to have consented to their use of Reiss Motivation Australia and you: (a) confirm that you have reviewed and agreed to these Terms and Conditions and our Privacy Policy, and have made sure that the Minor understands them and agrees to them; (b) assume full responsibility for supervising the Minor's use of the Items, including all Content and interactions; (c) accept all risks associated with the Minor's use of the Items, including the transmission of Content or information to and from third parties via the Internet; (d) will ensure that the Content and information that the Minor may encounter on the Items are suitable for the Minor; (e) accept any liabilities resulting from the Minor's use of the Items; (f) will ensure the accuracy and truthfulness of all information submitted by the Minor; and (g) will provide all necessary consents under these Terms and Conditions and our Privacy Policy on behalf of the Minor.

3.6. If you are a Minor, we may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to the Terms and Conditions on your behalf. Even if we do not do this, we will assume that this is the case and will provide you with a Reiss Motivation Australia Account (which you have requested) on this basis. If we become aware that a Minor has created a Reiss Motivation Australia Account without proper consent, we reserve the right to suspend or delete the Account and remove any related data.

4. Personal Information

4.1. By providing your Personal Information to us, you consent to our collecting, handling, using and disclosing that information in accordance with our Privacy Policy.

4.2. We may collect the Personal Information of third parties from you where the Services you have requested involves us: (a) sending an invitation to those third parties to create a Reiss Motivation Australia Account; or (b) contacting those third parties for some other reason connected with the relevant Services. Before providing us with the Personal Information of any third parties, you must: (a) inform each third party that we will collect their personal information from you for the purpose of sending invitations to them to create a Reiss Motivation Australia Account or for another purpose connected with the Services we are providing to you; and (b) provide each third party with a link to our Privacy Policy.

4.3. By providing the Personal Information of any third parties to us, you confirm that you have complied with the above terms prior to disclosing this information to us.

5. Purchases

5.1. If you purchase access to the Services (including your Reiss Motivation Profile or MotivationLab) from us, the terms in this clause will apply.

5.2. Any order placed by you for Services on the Items (Order) is an offer to purchase the Services you have selected for the Fees specified on the Items (at the time you place your Order).

5.3. We may accept or reject your Order at our discretion. If we reject your Order, we will notify you of that rejection and refund any Fees paid which are related to your Order.

5.4. The Fees are as displayed on the Items from time to time. We reserve the right to change those Fees at any time.

5.5. Unless specified otherwise, the Fees displayed on our website are shown in Australian dollars (AUD) and are exclusive of GST. At the date of these Terms, the Fee for an individual Reiss Motivation Profile® is $163.90 (inclusive of GST).

5.6. We may need to change the Fees payable by you after you have placed an Order, but prior to our fulfilment of the Order, due to increases in our costs or because of a price listing error. You may cancel an Order in writing if there is a change in the Fees and do not wish to accept the change.

5.7. The Fees applicable to your Order can be paid through the functionality provided on the Items for card payments (which may be via an e-commerce payment provider).

5.8. If we use a third-party payment provider to process payment of Fees, your use of that platform is governed by the applicable terms of service for that payment provider.

5.9. The Reiss Motivation Australia Content may be hosted on, and accessible via, a third-party platform (Hosting Platform). Your use and interactions with the Hosting Platform are governed by the terms and conditions or similar agreement in place which governs using and accessing these platforms (Hosting Platform TOS). You agree to comply with the Hosting Platform TOS, as applicable.

5.10. We offer refunds and other remedies for Services purchased from us in accordance with your rights under the Australian Consumer Law, and as specified under these Terms and Conditions.

5.11. Once your Order has been placed, you cannot cancel the order before it is fully processed.

5.12. Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures, you are entitled to seek a refund for the unused portion or compensation for its reduced value.

5.13. You are also entitled to a refund due to technical issues or a major failure preventing you from completing your profile. If a failure with the service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund and to cancel your original order. Refunds cannot be given for reasons such as change of mind, not following instructions, or failing to properly understand the profile or surrounding information.

5.14. If you wish to obtain a refund for any of the Services, please contact us at info@reissmotivation.com with the following information: (a) your order number; (b) the reasons that you wish to request a refund for the relevant Services; and (c) whether you would like a refund of any Fees paid.

6. Intellectual Property

6.1. The Intellectual Property subsisting in the Reiss Motivation Australia Content (Reiss Motivation Australia Content IP), and Items (Systems IP), is exclusively owned and controlled by us or our third-party licensors and is protected by Australian and international law governing intellectual property rights. The Systems IP and Reiss Motivation Australia Content IP (including any Assessment Outputs) remains the exclusive property of us or our third-party licensors.

6.2. We provide you with a non-exclusive, non-sublicensable, revocable, worldwide and non-transferable licence to: (a) access and use the Systems IP strictly as required for the ordinary, personal and non-commercial use of the Items; (b) use the Reiss Motivation Australia Content IP enabled by us for your access, for the purposes of accessing and viewing the Reiss Motivation Australia Content IP on your electronic device for personal use in accordance with these Terms and Conditions and our Privacy Policy, for the period of your access to, or entitlement to use, the relevant Reiss Motivation Australia Content (and, where you access the Items under a Client Agreement, for the period specified in or determined under that Client Agreement).

6.3. We also grant you a non-exclusive, non-sublicensable, revocable, worldwide and non-transferable licence to use any Assessment Outputs generated for you solely for your personal, non-commercial use.

6.4. You must not sell, license, sublicense, distribute, publicly display, or otherwise exploit any Assessment Outputs generated for you without our prior written consent.

6.5. Subject to clause 6.2, you are not permitted to save, download, reproduce, publicly show, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Systems IP or Reiss Motivation Australia Content IP (including by authorising third parties to do any of these things) unless you have our express prior written authorisation. Any unauthorised use of Systems IP or Reiss Motivation Australia Content IP by you is strictly prohibited.

6.6. You grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free licence to use, reproduce, copy or adapt your User Content for the sole purpose of providing you with the Services in connection with the Items, for as long as is reasonably necessary to do so and consistent with our Privacy Policy.

6.7. If you wish to use the Systems IP or Reiss Motivation Australia Content IP beyond the rights provided in clause 6.2, please contact us at info@reissmotivation.com to make a licensing request. Please include the following details with your request: (a) a description of the Systems IP or Reiss Motivation Australia Content IP which you wish to licence; (b) a description of the purposes for which you wish to use the Systems IP or Reiss Motivation Australia Content IP, for example communicating the Reiss Motivation Australia Content IP to members of your educational institution or workplace; and (c) the duration for which you require the licence.

7. Permitted use of our Items

7.1. You must not: (a) use any Items for any purpose that is illegal, unlawful, infringes upon the rights of any third party, or is prohibited by the Terms and Conditions; (b) interfere or attempt to interfere with the proper working of any Items, or obtain or attempt to obtain unauthorised access to the Items, including (without limitation) through hacking or use of automated devices, scripts or bots, destructive transmission of viruses, reverse engineering, circumventing, damaging, disassembling, attempting to discover the source code of the Items, or other illegitimate means; (c) contact Users of any Items for the purpose of sending unsolicited offers, advertisements, spam or junk e-mails; (d) contact Users of any Items for the purpose of defaming, abusing, threatening or defrauding them; (e) use any Items to impersonate any entity (including us), or falsely claim an affiliation with any person or entity; (f) scrape or otherwise obtain any data (such as by data mining) from any Items for any purpose; (g) use any Content to spam third parties; (h) use, copy, or reproduce any Content, including but not limited to any Assessment Outputs, to provide any unauthorised consulting, coaching, or profiling services to third parties; (i) commercialise, license, sublicense, sell, distribute, or otherwise exploit any Content, including but not limited to any Assessment Outputs, without our prior written consent; or (j) attempt to replicate or create derivative works based on any part of the Items, including our assessment methodologies, tools, or underlying data models.

7.2. You must comply with all laws, regulations, and rules applicable to the use of any Items, including these Terms and Conditions and our Privacy Policy. You are solely responsible for your conduct while using the Items.

7.3. We reserve the right to exercise any lawful means we consider necessary to prevent unauthorised use of the Items in breach of these Terms and Conditions, including technological barriers and blocking your continued access to the Items.

8. Disclaimers

8.1. To the extent permitted by law, the Services are provided "as is", and we do not provide any representations, guarantees or warranties to you that the Services will be suitable or fit for any purpose, or provide any mental or physical health benefit.

8.2. To the extent permitted by law, you are solely responsible for compliance with all laws and regulations applicable to your use and enjoyment of the Services.

8.3. We are not responsible, and disclaim any legal responsibility or liability to you, for the following: (a) User Content or other material that is created, or otherwise appears via the Items. We do not endorse, support, represent or guarantee the accuracy, completeness or reliability of User Content appearing on the Items; (b) ensuring that the Reiss Motivation Australia Content, or other information or content available on the Items, is complete, accurate, reliable, up-to-date and available; (c) any content which can be accessed through hyperlinks on the Items to third-party websites, or any third-party information or content which appears on the Items (Third Party Content). All Third Party Content is the responsibility of its author or publisher, and we do not endorse, support, represent or guarantee the accuracy, completeness or reliability of that content.

8.4. You acknowledge and agree that any Assessment Outputs made available via the Items, including any insights generated using artificial intelligence such as through MotivationLab, are for general informational purposes only and are not tailored to your specific personal or organisational circumstances.

8.5. You are solely responsible for determining whether any reports, insights, or other outputs are appropriate for your intended use, and you must not rely on them as the sole basis for making significant personal, organisational, or professional decisions. We recommend that you seek independent advice before relying on any information or insights generated via the Items.

8.6. If you choose to use MotivationLab's chat feature, any text or information you enter is provided at your own discretion. You are solely responsible for the content you input, and we are not liable for any AI-generated response produced as a result of that input.

8.7. MotivationLab has been built specifically to interpret Reiss Motivation Profile results in the context of the underlying psychological science developed by Dr Steven Reiss. If you choose to upload, submit, or otherwise share your Reiss Motivation Profile results or any Assessment Outputs with any AI tool or service other than MotivationLab, you do so entirely at your own risk. We do not endorse, support, or authorise that use, and we are not responsible or liable for the accuracy, reliability, or consequences of any interpretation, insight, or output generated by any third-party AI tool.

9. No Professional Advice

9.1. The Content and Services provided via the Items, including but not limited to the Assessment Outputs and any AI-generated insights (such as those generated through MotivationLab), are for general informational purposes only and are not tailored to your specific circumstances. They do not constitute professional advice.

9.2. You acknowledge and agree that the Content and Services: (a) do not constitute psychological, mental health, medical, legal, or any other form of professional advice or treatment; (b) are not a substitute for advice, diagnosis, or treatment provided by a qualified professional in psychology, psychiatry, medicine, or other health-related or professional fields; and (c) do not create a therapeutic, counselling, or fiduciary relationship between us and you.

9.3. You are solely responsible for evaluating any information made available via the Items and seeking advice from a qualified professional where appropriate, before relying on such information or making any decisions based on it.

9.4. If you or someone you know has concerns about their mental health, psychological well-being, or physical health, we recommend seeking immediate assistance from a licensed healthcare professional or calling a helpline, such as Lifeline Australia (13 11 14).

10. Exclusions and Limitations of Liability

10.1. If you are a Consumer, the sale of the Services comes with consumer guarantees under the Australian Consumer Law (Consumer Guarantees). If you are a Consumer, nothing in the Terms and Conditions is intended to limit or exclude your Consumer Guarantees.

10.2. Except for liability in relation to breach of any obligation, condition, warranty or guarantee (including the Consumer Guarantees under the Australian Consumer Law), the exclusion of which under a contract would contravene any statute or cause any part of the Terms and Conditions to be void (Non-Excludable Conditions), we (including our Representatives) exclude our liability to you for all types of Loss resulting from the Services however incurred (whether based in negligence or any other tort, contract, statutory liability or otherwise). This includes (without limitation) any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any direct, indirect or Consequential Loss.

10.3. If we are not able to exclude our liability to you but are able to limit your remedy for a breach of any Non-Excludable Conditions, then our liability for a breach of any Non-Excludable Conditions is limited, at our option, to the supply of the Services again, or the payment of the cost of having the Services supplied again.

10.4. If we are not able to exclude liability to you, and not able to limit our liability to you in the way provided under clause 10.3, then to the extent permitted by law, our liability is limited to the Fees paid by you for the relevant Services.

10.5. Subject to the application of any Non-Excludable Conditions, you hereby release us and our Representatives from any Loss, Claim or other liability that you suffer or incur (whether based in negligence or any other tort, contract, statutory liability or otherwise) which arises from, or is connected with, any of the following: (a) your use of, or inability to use, the Items; (b) your use of, and reliance upon, any Content; (c) accessing hyperlinks to third-party websites provided on the Items by us or other Users.

11. Indemnity

11.1. You agree to indemnify us and our Representatives, and must keep us and our Representatives indemnified, against any Loss or Claim that we or our Representatives suffer or incur (whether based in negligence or any other tort, contract, statutory liability or otherwise) that arises from, or is connected with, your breach of any term of the Terms and Conditions.

11.2. This indemnity in clause 11.1 is a continuing obligation, independent from the other obligations under the Terms and Conditions and continues after the Terms and Conditions expire or is terminated.

12. Termination

12.1. The Terms and Conditions may be terminated: (a) by mutual written agreement; (b) by a party, if the other party breaches a term of the Terms and Conditions which is not capable of remedy, or which is capable of remedy and has not been remedied within 14 days of receiving written notice (which, for notice sent to us, must be sent to info@reissmotivation.com with the subject line "Notice of Breach") from the non-breaching party detailing the extent of the breach.

12.2. For the avoidance of doubt, the use of Systems IP or Reiss Motivation Australia Content IP other than as permitted under clause 6.2, and any breach of clauses 6 and 7 by you, is considered a breach of the Terms and Conditions which is not capable of remedy and will provide us with the right to immediately terminate the Terms and Conditions with you under clause 12.1(b).

12.3. Any rights and obligations under the Terms and Conditions, which by their nature would reasonably continue beyond the expiration or termination of the Terms and Conditions, will survive the expiration or termination of the Terms and Conditions. Without limiting the clauses that will survive, the parties agree clauses 6, 8, 9, 10, 11, 12, 13, 14 and 15 survive the expiration or termination of the Terms and Conditions.

12.4. On termination or expiry of these Terms and Conditions, or on closure of your Reiss Motivation Australia Account, we will retain, de-identify or delete your Personal Information and any Assessment Outputs in accordance with our Privacy Policy and any applicable Client Agreement.

13. Dispute Resolution, Jurisdiction and Choice of Law

13.1. Before commencing court proceedings in relation to a dispute (other than an application for urgent interlocutory relief), a party must first notify the other party of the dispute and the parties must attempt in good faith to resolve it, including by meeting or conferring within 10 business days of that notice.

13.2. The Terms and Conditions will be governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, including (without limitation), the registries of the Federal Court of Australia and Federal Circuit and Family Court of Australia located in Victoria.

14. Variation

We may vary the Terms and Conditions at any time. If you have a Reiss Motivation Australia Account, notice of any variations will be provided to you via the e-mail address linked to your Reiss Motivation Australia Account, and a reasonable notice period will be given prior to any variations to the Terms and Conditions becoming effective. Your continued use of the Items after the effective date of variation of the Terms and Conditions will be bound by the Terms and Conditions as varied. If you do not agree to the Terms and Conditions as varied, you should not continue accessing the Items.

15. Force Majeure

We are not responsible for any failure or delay in performing our obligations under these Terms and Conditions where such failure or delay results from any cause beyond our reasonable control, including acts of God, natural disasters, pandemics, strikes, cyberattacks, or failures of third-party hosting or telecommunications services.

16. Modification of Services

We reserve the right to modify, suspend, or discontinue any part of the Items, Reiss Motivation Australia Content, or the Services at any time, provided that such changes do not materially affect your existing entitlements under these Terms and Conditions or your rights under the Australian Consumer Law.

17. Miscellaneous

17.1. Apart from the Refunds Policy, which will take precedence over the Terms and Conditions to the extent of any inconsistency, the Terms and Conditions contain the entire agreement between the parties in relation to its subject matter.

17.2. A waiver by any party of any term or condition of the Terms and Conditions in any instance will not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof.

17.3. Any term, condition or warranty not expressly stated in the Terms and Conditions that may otherwise be implied into the Terms and Conditions is excluded.

17.4. If any provision of the Terms and Conditions is determined for any reason to be unenforceable or invalid, that provision will be read down to the extent of such unenforceability or invalidity, or if not capable of being read down, then it will be deemed severed from the Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.

17.5. In the Terms and Conditions: (a) singular includes the plural and vice versa; (b) words such as including or for example do not limit the meaning of the words preceding them; (c) an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits them all jointly and severally; (d) a reference to the Terms and Conditions, includes the Terms and Conditions as assigned, novated, altered, supplemented or replaced from time to time; (e) a reference to a statute includes regulations and other instruments under it, and consolidations, amendments, re-enactments or replacements of any of them; and (f) the Terms and Conditions should not be construed to the disadvantage of a party because the party was responsible for the preparation of the Terms and Conditions or any part of it.

B. Definitions

The following definitions apply in these Terms and Conditions.

• Assessment Outputs means the results, reports, insights, or other outputs generated as a result of your use of the Items' assessment tools or related Services, including any insights generated using artificial intelligence such as through MotivationLab.
• Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature.
• Client Agreement means the agreement entered into between us and an organisation (such as an employer or sporting body) under which that organisation's Users are granted access to the Items.
• Consequential Loss means special, incidental, indirect or consequential loss or damage, and loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.
• Consumer means a consumer as this term is defined under the Australian Consumer Law (at section 3), in relation to the Services.
• Content means all content and media on the Items, including (without limitation) Reiss Motivation Australia Content, text, underlying source and object code, photographs, graphics, logos, names, designs, Personal Information, financial information, data, drawings, links, video recordings and audio recordings.
• Fees means the fees payable to us to obtain the specific Services you have ordered.
• Intellectual Property means all intellectual property and proprietary rights (whether registered or unregistered, present or future), including business names, trademarks, copyright, domain names, websites, patents, patent applications, designs, plant varieties, circuit layouts, discoveries, inventions, improvements, databases, logos, technical data, photographs, video recordings, sound recordings, drawings, trade secrets, confidential information, know-how, research data and any other physical or digital media or similar intellectual property rights, and any other intangible proprietary assets arising from intellectual activity.
• Items means all digital platforms, websites, services, content, documentation, materials, tools, support services, helpdesk functions, and any other resources or outputs provided by Reiss Motivation Australia, whether via our websites located at www.reissmotivation.com.au and www.reissmotivationforsport.com, the Platform located at my.reissmotivation.com, MotivationLab located at my.reissmotivation.com/molab, or any related online or offline channels. Items include all connected pages, subpages, blogs, forums, related websites, related mobile applications, and other connected internet content, the Platform, MotivationLab, Websites, Services, Documentation, Content and Materials collectively, as well as our helpdesk which is housed on our Website and through our internal communications channels and relevant outputs (FAQs, chatbots, training manuals and onboarding plans).
• Loss means loss, damage, liability, charge, expense, payment or cost of any nature or kind, including Consequential Loss and all legal and other professional costs (calculated on an indemnity basis).
• Minor means an individual who is aged 16 or 17 and who may only create a Reiss Motivation Australia Account with the involvement and consent of their parent or legal guardian. Minors must review these Terms and Conditions and the Privacy Policy with their parent or legal guardian before accessing or using the Items or creating a Reiss Motivation Australia Account.
• MotivationLab means the AI-powered tool provided by us at my.reissmotivation.com/molab (and any associated sub-domains), which generates personalised insights from your Reiss Motivation Profile results. MotivationLab is powered by the Platform, which provides it with your profile results.
• Personal Information is as defined in the Privacy Policy.
• Platform means the Reiss Motivation Insights Platform located at my.reissmotivation.com, through which the Reiss Motivation Profile is administered.
• Privacy Policy means the "Privacy Policy" for Reiss Motivation Australia as amended or updated from time to time, located on our website.
• Reiss Motivation Australia Content means specific content which is made available by Reiss Motivation Australia, whether on the Items, or available for you to purchase or access via your Reiss Motivation Australia Account, and includes any Assessment Outputs generated for you. The materials may be comprised of video recordings, audio recordings, text, underlying source and object code, photographs, graphics, logos and/or reports.
• Reiss Motivation Australia Content IP means all Intellectual Property subsisting in the Reiss Motivation Australia Content, including copyright, trademarks, design rights, confidential information, and any other proprietary rights in the Reiss Motivation Australia Content.
• Reiss Motivation Profile means the psychometric assessment administered via the Platform, based on the Reiss Motivation Profile® developed by IDS Publishing Corporation and licensed to us for use in Australia.
• Representatives means, in relation to a party, its officers, directors, employees, contractors, consultants, agents, members and other authorised representatives.
• Sensitive Information is as defined in the Privacy Policy.
• Services means the services of Reiss Motivation Australia providing you with access to the Reiss Motivation Australia Content and/or the Items, including the Reiss Motivation Profile and MotivationLab.
• Systems IP means the Intellectual Property subsisting in the Items' structure, layout, design, source code, object code, databases, and all underlying systems and technology enabling access to and use of the Items, excluding any Reiss Motivation Australia Content IP.
• User means you and/or any other user of the Items.
• User Content means any Content that is shared via, or otherwise submitted or uploaded to, the Items by a User.