Taackk User Agreement

Taackk's mission is to connect businesses with fractional executives and senior leaders so both can be more productive and successful. Our services are designed to help businesses find the right senior capability, and to help experienced leaders find meaningful engagements, in a trusted, professional marketplace.

When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which cover how we collect, use, share and store your personal information.

By creating a Taackk account, or by accessing or using our Services (described below), you agree to enter into a legally binding contract with Taackk Pty Ltd (ABN 83 701 856 671) ("Taackk", "we", "us" or "our"), even if you are using third-party credentials or using our Services on behalf of a company. If you do not agree to this contract (the "Agreement"), do not create an account and do not use any of our Services. You may terminate this Agreement at any time by closing your account and no longer accessing or using our Services.

As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to our Privacy Policy, our Cookie Policy and other documents referenced in our Privacy Policy. You acknowledge that you have read our Privacy Policy.

Services

This Agreement applies to taackk.com, Taackk-branded apps, and other Taackk-related sites, apps, communications and services that state they are offered under this Agreement (the "Services"), including off-site collection of data for those Services.

Taackk and other key terms

You are entering into this Agreement with Taackk Pty Ltd.

Members and Leaders. A "Member" is any person who registers an account. Members register either as a "Business" (an organisation or individual seeking senior capability) or as a "Leader" (an individual offering fractional or senior services). Leaders must apply and be approved before their profiles are published (see Section 2.1).

Content. "Content" includes, for example, profiles, posts, articles, comments, messages, videos, photos, audio, documents, job or engagement postings, and feedback.

Social action. Actions Members take on the Services such as liking, commenting, following, connecting, or sharing content.

Affiliates. Companies controlling, controlled by, or under common control with us.

Designated Countries. The European Union (EU), European Economic Area (EEA) and Switzerland. If you reside in the Designated Countries, you are entering into this Agreement with Taackk Pty Ltd and additional rights under the GDPR and our GDPR & Data Protection Notice apply to you.

This Agreement applies to Members and Visitors. When you register and join Taackk you become a "Member". If you have not registered, you may access certain features as a "Visitor".

We may modify this Agreement, our Privacy Policy and our Cookie Policy from time to time. If we make material changes, or where the law requires us to give notice, we will notify you through our Services or by other means, and give you the opportunity to review the changes before they take effect. For changes that must take immediate effect by law, or that relate to a newly launched service or feature, we may not provide prior notice. Changes are never retroactive. If you object to any change, you may close your account. Continued use of our Services after we publish or send notice of a change means you consent to the updated terms from their effective date.

You are eligible to enter this Agreement and you are at least our "Minimum Age". The Services are not for use by anyone under the age of 18.

To use the Services you agree that: (1) you are at least 18 years old and have the legal capacity to enter into contracts; (2) you will only have one account, which must be in your real name; and (3) you are not already restricted by Taackk from using the Services. Creating an account with false information is a breach of this Agreement, including accounts registered on behalf of others or persons under 18. Organisations using the Services warrant that the individual registering has authority to bind the organisation to this Agreement.

Leaders further acknowledge that application and approval is at Taackk's sole discretion, that approval may be revoked at any time if a Leader breaches this Agreement or their profile information is found to be inaccurate, and that Taackk is a platform intermediary that does not employ Leaders and is not a party to any engagement agreement between a Business and a Leader.

You will keep your password secret. You will not share your account with anyone else and will follow our policies and the law.

You agree to: (1) protect against wrongful access to your account (for example, by using a strong password and keeping it confidential); (2) not share or transfer your account or any part of it; and (3) follow the law, our "Dos and Don'ts" (Section 8) and our Professional Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others (including your employer), your account belongs to you. However, where the Services were purchased by another party for you to use in connection with your work for them (for example, a Business subscription bought by your employer), the party paying for that Service has the right to control access to it and receive reports on your use of that paid Service, but does not have rights to your personal account.

You will honour your payment obligations and you consent to us storing your payment information. You understand there may be fees and taxes added to our prices.

If you purchase any of our paid Services, you agree to pay the applicable fees and taxes. Subscription fees are charged in advance and are non-refundable except as required by law. All payments are processed by Stripe; by providing payment information you authorise us to charge the applicable fees. Also:

1. Your purchase may be subject to foreign exchange fees or location-based pricing differences.
2. We may store and continue billing your payment method to avoid interruptions, and may charge a secondary payment method if your primary method fails.
3. If you purchase a subscription, your payment method will be charged automatically at the start of each subscription period. To avoid future charges, cancel before the renewal date.
4. We may modify our prices effective prospectively, with 30 days' notice to existing subscribers to the extent required by law.
5. All paid Services are subject to our refund policy.
6. We may calculate taxes payable by you based on the billing information you provide.

You can obtain a copy of your invoice through your account settings.

You agree that we will provide notices and messages to you (1) within the Services or (2) to the contact information you provided us (for example, email or mobile number). You agree to keep your contact information up to date. If your contact information is out of date, you may miss important notices. You can review your settings to control and limit the types of messages you receive from us, but you cannot opt out of service, security or legal notices.

When you share information on our Services, others can see, copy and use that information.

Our Services allow sharing of information (including Content) in many ways, such as through your profile, posts, messages and links. Depending on the feature and the choices you make, information you share may be seen by other Members, Visitors or others (on or off the Services). Where we make settings available, we will honour your choices about who can see Content or other information. To the extent the law allows, we are not obligated to publish any Content or other information on our Services and may remove it with or without notice.

You own all of your original Content that you provide to us, but you also grant us a non-exclusive licence to it. We will honour the choices you make about who gets to see your Content, including how it can be used for advertising.

As between you and Taackk, you own your original Content that you submit or post to the Services. You grant Taackk and our Affiliates the following non-exclusive licence to the Content and other information you provide to our Services: a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publicly perform and display, host and process your Content and other information, without further consent, notice or compensation to you or others. These rights are limited as follows:

1. You can end this licence for specific Content by deleting it, or generally by closing your account, except (a) where you shared it with others and they copied or re-shared it, where we already sublicensed it, or where we are required by law to retain it, and (b) for the reasonable time it takes to remove deleted Content from backups and other systems.
2. We will not include your Content in advertisements for the products and services of third parties without your separate consent (including sponsored content). However, without compensation, ads may be served near your Content and your social actions may be visible and included with ads, as described in the Privacy Policy.
3. We will honour the audience choices for shared Content. Content you choose to share publicly may be made available off Taackk and enabled for re-sharing and search.
4. While we may edit and make format changes to your Content (such as translating it, modifying size, layout or file type, and adding or removing labels), we will take steps to avoid materially modifying the meaning of your expression.
5. Because you own your original Content and we have only non-exclusive rights, you may make it available to others, including under a Creative Commons licence.

If Content includes personal data, it is subject to our Privacy Policy. By submitting suggestions or feedback, you agree that Taackk may use and share (but does not have to) such feedback for any purpose without compensation to you. You promise to only provide Content you have the right to share, and that your profile will be truthful and will not violate the law or anyone's rights, including intellectual property rights.

We may change or limit the availability of some features, or end any Service. We may change, suspend or discontinue any of our Services, and may limit the availability of features, Content and other information so that they are not available to all Visitors or Members (for example, by region or by subscription access). We do not promise to store or show (or keep showing) any information you have shared. Taackk is not a storage service, and we have no obligation to store, maintain or provide you with a copy of any Content you or others provide, except as required by applicable law and as noted in our Privacy Policy.

Others' Content. By using the Services you may encounter content that is inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree we are not responsible for content made available through or within the Services by others, including Members. While we apply automated tools to review much of the content presented in the Services, we cannot always prevent misuse.

Others' Products and Services. Taackk may help connect you to other Members who offer opportunities, such as an offer to engage a fractional executive or senior leader, or an offer to purchase products or services. You acknowledge that Taackk does not perform these offered services, does not employ those who perform them, and does not provide these offered products. Taackk does not supervise, direct, control or monitor Members in the making of these offers or in their providing you with work, delivering products or performing services, and you agree that (1) Taackk is not responsible for these offers or the performance or procurement of them, (2) Taackk does not endorse any particular Member's offers, and (3) Taackk is not an agent or employment agency on behalf of any Member offering work, products or services. With respect to engagements, Taackk does not make hiring or engagement decisions on behalf of Members and does not have authority to do so.

Taackk reserves the right to limit your use of the Services, including your ability to contact other Members. Taackk reserves the right to restrict, suspend or terminate your account if you breach this Agreement, breach the law, or are misusing the Services (for example, by violating the "Dos and Don'ts" or our Professional Community Policies). We can also remove any Content you shared if we believe it violates our Professional Community Policies or this Agreement.

Taackk reserves all of its intellectual property rights in the Services. The Platform, including its design, code and content created by Taackk, is owned by Taackk and protected by intellectual property laws. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Taackk, the "Taackk" wordmark, the Precision Sail logo and other Taackk trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Taackk.

Recommendations. We use the data you provide, and data we have about Members and Content, to make recommendations for matches, connections, Content, ads and features that may be useful to you, and to present information in an order that may be more relevant. Keeping your profile accurate and up to date helps us make these recommendations more accurate and relevant.

Generative AI features. By using the Services you may interact with features that automate content generation for you. Generated content may be inaccurate, incomplete, delayed, misleading or unsuitable for your purposes. Review and edit such content before sharing it. As with all Content you share, you are responsible for ensuring it complies with our Professional Community Policies.

Taackk and its Affiliates make no representation or warranty about the Services, including any representation that the Services will be uninterrupted or error-free, and provide the Services (including Content, output and information) on an "as is" and "as available" basis. To the fullest extent permitted under applicable law, Taackk and its Affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy, non-infringement, merchantability or fitness for a particular purpose. If you plan to use Content, output or information for any reason, it is your responsibility to verify its accuracy and fitness for your purposes.

To the fullest extent permitted by law (and unless Taackk has entered into a separate written agreement that overrides this Agreement), Taackk and its Affiliates will not be liable in connection with this Agreement for lost profits or lost business opportunities, reputational harm, loss of data, or any indirect, incidental, consequential, special or punitive damages. Taackk's total liability to you for any claim in connection with this Agreement shall not exceed the greater of (a) the total fees paid or payable by you to Taackk for the Services in the 12 months preceding the claim, or (b) AU$100.

The limitations of liability in this Section 4 are part of the basis of the bargain between you and Taackk and apply to all claims of liability (for example, warranty, tort, negligence, contract and law), even if Taackk or its Affiliates have been told of the possibility of such damage. These limitations do not apply to liability for death or personal injury, for fraud, gross negligence or intentional misconduct, or, in cases of negligence, where a material obligation has been breached, but only to the extent that the damages were directly caused by the breach and were foreseeable. Nothing in this Agreement excludes any consumer guarantee or right that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.

You agree that you will:

1. Comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, export control laws, and other applicable laws and regulatory requirements;
2. Provide accurate contact and identity information to us and keep it updated;
3. Use your real name on your profile; and
4. Use the Services in a professional manner.

You agree that you will not:

1. Create a false identity, misrepresent your identity, create a profile for anyone other than yourself (a real person), or use or attempt to use another's account;
2. Develop, support or use software, devices, scripts, robots or any other means to scrape or copy the Services, including profiles and other data;
3. Override any security feature or bypass or circumvent any access controls or use limits of the Services;
4. Copy, use, display or distribute any information obtained from the Services without the consent of the content owner;
5. Disclose information you do not have consent to disclose (such as confidential information of others, including your employer);
6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
7. Violate the intellectual property or other rights of Taackk, including copying or distributing our materials, copying or distributing our technology unless released under open source licences, or using the word "Taackk" or our logos in any business name, email or URL except as permitted by our brand guidelines;
8. Post anything that contains software viruses, worms or any other harmful code;
9. Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Services or any related non-open-source technology;
10. Imply or state that you are affiliated with or endorsed by Taackk without our express consent;
11. Rent, lease, loan, trade, sell or re-sell the Services or related data, or otherwise monetise the Services or access to them, without Taackk's consent;
12. Deep-link to our Services for any purpose other than to promote your profile, without Taackk's consent;
13. Use bots or other unauthorised automated methods to access the Services, add or download contacts, send or redirect messages, create, comment on, like, share or re-share Content, or otherwise drive inauthentic engagement;
14. Engage in "framing", "mirroring" or otherwise simulating the appearance or function of the Services;
15. Overlay or otherwise modify the Services or their appearance;
16. Interfere with the operation of, or place an unreasonable load on, the Services;
17. Violate the Professional Community Policies or any additional terms concerning a specific Service;
18. Use the Services to do anything unlawful, misleading, discriminatory, fraudulent or deceitful (including manipulated media that wrongfully depicts a person saying or doing something they did not say or do); and/or
19. Misuse our reporting or appeals process, including by submitting duplicative, fraudulent or unfounded reports, complaints or appeals.