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Appellon

Terms of Service

Please read these terms and conditions carefully before using our services.

APPELLON PROGRAM SUITE – TERMS OF USE

FORMING A BINDING AGREEMENT

Your employer or the company or organisation to whom you provide services ("Client") is a customer of PULSE AUSTRALASIA PTY LTD (ACN 154 929 450) ("Appellon") and has arranged for you to have access to one or more of the programs in the Appellon Program Suite which establish organisational mindsets that are focussed on achievement and connection, and increases well-being, quality of work life experience and performance outcomes.

This document sets out the terms ("Terms of Use") of the licence that Appellon is granting you to enable you to use one or more of the programs in the Appellon Program Suite.

In order to use one or more of the programs in the Appellon Program Suite, you must validate your password and set your email. Your access will be de-activated if you do not confirm your email address and validate your password within ninety days of the date on which you are first invited to do so.

In order to proceed you must review and accept these Terms of Use by clicking on the "I have read and accept the Terms of Use" checkbox.

By accepting the Terms of Use you are also promising to Appellon that all of the information that you provide about yourself is true and correct.

You agree that your use of the programs in the Appellon Program Suite is subject to these Terms of Use. If you do not agree to these Terms of Use, you must not use any of the programs in the Appellon Program Suite.

Appellon reserves the right to amend, vary, modify and/or replace these Terms of Use at any time, and from time to time, and such amendment, variation, modification and/or replacement shall be effective immediately upon posting to the Appellon Website.

Definitions and Interpretation

Definitions

In these Terms of Use, unless the context requires otherwise:

"Appellon Client Programs" means the programs within the Appellon Program Suite that the Client currently holds subscriptions for and which the Client has provided you with access to.

"Appellon Program Suite" means the suite of programs provided by Appellon from time to time and includes:

  • the Work-Rite Program;
  • the Lead-Rite Program; and
  • the Care-Rite Program.

"Appellon Website" means the URL (or any other domain or sub-domain used by Appellon from time-to-time).

"Business Day" means a day that is not a Saturday, Sunday or public holiday.

"Care-Rite Program" means taking the program which measures the psychological, emotional and spiritual wellbeing of aged care clients and residents.

"Confidential Information" means all of the information that is not in the public domain that relates to the Appellon Program Suite and the insights that are provided by the Appellon Program Suite.

"Content" means any information, guides, assessments and other tools or materials that are provided on the Appellon Client Programs.

"Intellectual Property Rights" means all intellectual and industrial property rights of whatever nature (whether or not registered or registrable) including patents, copyrights, designs, trademarks, trade secrets, drawings, inventions, discoveries, research developments.

"Lead-Rite Program" means the leadership program provided by Appellon to enable a Client to apply wiser leadership behaviours and enshrine principles aimed at engaging the hearts and minds of all staff with a view to improving performance outcomes.

"Loss" means any debt or other monetary liability or penalty, fine or payment or any damages, losses, costs, charges, outgoings, or expenses of whatever description.

"Term" means the period that you have access to any Appellon Client Program.

"Work-Rite Program" means the workforce program provided by Appellon to boost wellbeing, quality of work life experience and performance outcomes.

Words and Expressions

In these Terms of Use, unless the context requires otherwise:

  • the singular includes the plural and vice versa;
  • where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
  • headings are for convenience and do not affect interpretation;
  • a reference to any document or agreement includes a reference to that document or agreement as amended, novated, supplemented, varied or replaced from time to time;
  • no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms of Use or any part of it; and
  • the words "including", "for example", "such as" or other similar expressions (in any form) are not words of limitation.

Access

Access Rights

In consideration of the Client paying the Program Fees, Appellon grants to you non-exclusive and non-transferable access rights to use the Appellon Client Programs solely for the Purpose and solely for the Term, and on the terms and conditions set out in these Terms of Use.

Terms of Access

Notwithstanding any other term of these Terms of Use, Appellon may suspend your access to the Appellon Client Programs if you commit a material breach of these Terms of Use.

Appellon may suspend or limit access to the Appellon Client Programs from time to time for modification, upgrading or maintenance of the Appellon Client Programs, by providing the Client with reasonable notice.

Your Obligations

You acknowledge and agree that you will:

  • ensure that the Appellon Client Programs are used strictly in accordance with these Terms of Use and strictly in compliance with all applicable laws and regulations; and
  • make every reasonable effort to prevent unauthorised access to the Appellon Client Programs.

Control of the Appellon Client Programs

You acknowledge and agree that you will not:

  • use the Appellon Client Programs for any purpose other than the Purpose;
  • make the Appellon Client Programs available to any other person;
  • access or attempt to access the source code of or the data in the Appellon Client Programs;
  • copy, reverse engineer, adapt, decompile, vary or modify the Appellon Client Programs;
  • use the Appellon Client Programs to create, train, or improve (directly or indirectly) a substantially similar product or service;
  • knowingly transmit to the Appellon Client Programs or use the Appellon Client Programs to transmit, any virus or other disabling feature; nor
  • attempt any of the above acts or permit another person to do any of the above acts.

Availability of Appellon Client Programs

You understand and acknowledge that the Appellon Client Programs are provided on an "as is" and "as available" basis. While Appellon will use reasonable endeavours to provide the Appellon Client Programs to you, you acknowledge that it may not be continuous or fault-free and may not be available at all times.

You assume all risks and costs associated with your use of the Appellon Client Programs and any internet access fees, including all data and roaming changes.

Content

Third Party Products

You acknowledge and agree that the ongoing operation of the Appellon Client Programs is dependent on third-party services, such as hosting services, email services, and analytics services.

You acknowledge and agree that Appellon is not responsible for the availability of any Third Party Products and shall in no way be liable for any loss or damage you incur or suffer as a result of your use and/or reliance upon any Third Party Products.

Disclaimer

Appellon will not be liable if you are unable to use the Appellon Client Programs due to any incompatibility or fault or incorrect configuration of your equipment or an interference, network congestion or outages on the network connecting you with the Appellon Client Programs.

Exclusion of Liability

To the maximum extent permitted by law, Appellon excludes liability for any consequential or indirect loss or damage (including by way of example, loss of profit, loss of opportunity, loss of goodwill, loss of business, damage to reputation, business interruption, loss or corruption of data and loss of privacy of communications) which may or does arise from your use of the Appellon Client Programs.

Intellectual Property

You acknowledge and agree that:

  • Appellon (or its affiliates) owns or licences all of the Intellectual Property Rights in the Appellon Client Programs;
  • nothing in these Terms of Use gives you any proprietary right to the Appellon Client Programs and its associated Intellectual Property Rights; and
  • all Intellectual Property Rights created by your use of the Appellon Client Programs will vest and be owned by Appellon.

Confidentiality

Your Use of Confidential Information

You must keep Appellon's Confidential Information confidential and must not disclose this information to any person except with the prior written consent of Appellon; to the extent required by law; or to any of your advisers who have a need to know the Confidential Information.

Privacy

Appellon maintains a privacy policy in compliance with the provisions of applicable privacy legislation.

By using the Appellon Client Programs you consent and agree to the collection, processing and use of personal data about you in accordance with the Privacy Policy, which is incorporated into, and forms an integral part of these Terms of Use.

Force Majeure

Appellon is not liable for any failure to perform or delay in performing its obligations under these Terms of Use if that failure is due to anything beyond Appellon's reasonable control.

Termination

Your use of the Appellon Client Programs will terminate with immediate effect:

  • if the agreement between Appellon and the Client is terminated for any reason; or
  • if the Client terminates your access to the Appellon Client Programs.

General

Governing Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws in force in the State of New South Wales and each party submits to the exclusive jurisdiction of the courts of that State.

Contact Us

If you have any questions about these Terms of Use, please contact us at enquiries@appellon.com

Last updated: March 13, 2026