Terms & Conditions

1. MOTI Access and Subscription

​

MOTI – Managing Organisational Transformation Initiatives – is a subscription-based organisational transformation resource providing access to assessments, personalised Roadmaps, Learning Topics, Executive Information Papers, Knowledge Checks and other transformation resources and services according to the subscription or service selected.

​

• Access to MOTI begins when the applicable subscription, membership or service has been activated.​

• The resources, features and level of access available to a subscriber depend upon the MOTI subscription plan or service purchased. Certain resources, advisory services, accreditation activities or other features may be available only under particular subscription plans or may require an additional fee.​

• MOTI resources are provided for the use of the individual, team or organisation covered by the applicable subscription. Access may not be shared outside the authorised subscription arrangements unless agreed in writing by MOTI.​

• MOTI may update, expand, improve or reorganise its resources, Learning Topics, assessments, Roadmaps and other content from time to time as the MOTI resource continues to develop.​

​

​

2. Payments, Renewal, Cancellation and Refunds

​

​Subscription fees are charged in accordance with the pricing plan selected at the time of purchase and the billing arrangements displayed during subscription.

​

• Where a subscription renews automatically, the applicable subscription fee will normally be charged at the beginning of each new billing period unless the subscription has been cancelled before the next renewal date.​

• Subscribers may cancel their MOTI subscription at any time.​

• Cancellation prevents the subscription from renewing at the next applicable billing date.

• Unless otherwise stated, access to MOTI will normally continue until the end of the subscription period for which payment has already been made.​

• No further subscription charge will be made after cancellation becomes effective.​

• Subscription payments already made are generally non-refundable because subscribers obtain access to proprietary MOTI resources from the commencement of their subscription. This does not exclude any refund, cancellation right or other remedy that may be required under applicable law.​

• Refund requests and exceptional circumstances are dealt with in accordance with the separate MOTI Refund Policy.​

• Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law.

​​

​

3: Intellectual Property and Permitted Use

​

All MOTI content and materials, including but not limited to methodologies, models, frameworks, diagrams, Learning Topics, assessments, personalised Roadmaps, reports, templates, graphics, Knowledge Checks, videos, downloads and written content, are proprietary materials owned by or licensed to Elysium Enterprises Pty Ltd and are protected by applicable intellectual property laws.

​

Access to MOTI does not transfer ownership of any MOTI intellectual property to the subscriber.

Subject to the applicable subscription or service purchased, MOTI grants the subscriber a limited, non-exclusive, non-transferable and revocable right to access and use MOTI resources for the subscriber’s own authorised internal business, professional or learning purposes.

​

Unless expressly agreed otherwise in writing by MOTI, subscribers must not:

​

• copy, reproduce, republish, distribute, sell, sublicense or commercially exploit MOTI content;

• share MOTI content, downloads, login credentials or protected resources outside the authorised subscription arrangement;

• systematically extract, scrape, capture, replicate or reconstruct MOTI materials, including the MOTI Model, Learning Topic library or associated frameworks;

• use MOTI content to create a competing product, methodology, training resource, knowledge base or commercial service;

• upload, submit or provide substantial MOTI proprietary content to third-party artificial intelligence systems or other automated tools for the purpose of reproducing, reconstructing or developing derivative or competing materials; or

• remove, conceal or alter any copyright, ownership, confidentiality or proprietary notices appearing on MOTI materials.

​

Subscribers may use reasonable extracts of MOTI material internally where necessary to support implementation within the scope of their authorised subscription, provided that the material remains appropriately attributed and is not distributed outside the authorised organisation or user group.

​

MOTI may introduce technical, access or download controls to protect its intellectual property and may suspend or terminate access where it reasonably believes that unauthorised copying, sharing, redistribution or misuse has occurred.

 

Cancellation or expiry of a subscription does not transfer any ownership rights in MOTI materials and does not authorise continued access to protected MOTI resources after the applicable access period ends.

​​

​

4: Accounts, Named Users and Access Security

 

Where access to MOTI requires a registered account, each authorised user is responsible for maintaining the confidentiality and security of their login credentials and for activity undertaken through their account.

​

Unless the applicable subscription expressly permits multiple users, access is provided to the individual, team or organisation covered by the subscription and must not be shared with unauthorised persons.

​

Subscribers and authorised users must not:

​

• share usernames, passwords or other access credentials with unauthorised users;

• permit another person to access MOTI using their individual account where that person is not entitled to access under the applicable subscription;

• attempt to bypass access controls, subscription limits or security features;

• attempt to gain unauthorised access to restricted MOTI content, systems or member areas; or

• use another subscriber’s account or credentials without permission.

​

Team, enterprise or other multi-user subscriptions may be subject to named-user limits, user allocation rules or other access conditions stated in the relevant pricing plan, proposal or agreement.

​

Subscribers are responsible for ensuring that the user information they provide is accurate and kept reasonably up to date.

​

If a subscriber becomes aware of suspected unauthorised access, credential misuse or a security issue affecting their MOTI account, they should contact MOTI as soon as reasonably practicable.

​

MOTI may suspend, restrict or remove access where reasonably necessary to protect the security of the platform, other subscribers, MOTI intellectual property or the integrity of its systems.

​

Access rights normally end when the applicable subscription, membership or service ends, subject to any period of access already paid for and any separate written agreement with MOTI.

​​

​

5. Subscriber Responsibilities and Acceptable Use

​

Subscribers must use MOTI responsibly, lawfully and in accordance with these Terms & Conditions and the conditions of the applicable subscription or service.

​

Subscribers must not use MOTI, its systems or resources:

​

• for any unlawful, fraudulent, misleading or unauthorised purpose;

• in a way that may damage, disable, overload or interfere with the operation or security of MOTI;

• to introduce malicious software, automated scripts or other harmful code;

• to attempt to obtain access to information, accounts, systems or resources for which they are not authorised;

• to infringe the intellectual property, privacy or other rights of MOTI, other subscribers or third parties; or

• in any way that could reasonably damage the reputation, security or commercial interests of MOTI or Elysium Enterprises Pty Ltd.

​

Subscribers remain responsible for how they apply MOTI guidance, recommendations, assessments and Roadmaps within their own organisation.

​

MOTI provides structured information, guidance and resources to support organisational transformation. It does not replace the subscriber’s own professional judgement, governance arrangements, management responsibilities or specialist professional advice where such advice is appropriate.

​​

​

6. Service Availability, Changes and Support

​

MOTI aims to provide reliable and continuing access to its online resources and services. However, continuous or uninterrupted availability cannot be guaranteed.

​

Access may occasionally be interrupted or restricted because of maintenance, upgrades, technical issues, security requirements, third-party service interruptions or circumstances outside MOTI’s reasonable control.

​

MOTI may update, enhance, reorganise, replace or discontinue individual features, Learning Topics, assessments, Roadmaps, reports or other resources as the MOTI resource continues to develop.

​

Where a material change significantly affects a subscriber’s existing paid service, MOTI will take reasonable steps to provide appropriate notice where practicable.

​

Support is available through the support channels identified on the MOTI website. Response times may vary depending upon the nature and complexity of the enquiry.

​

MOTI may also introduce additional support, advisory, implementation, certification or accreditation services from time to time. These may be subject to separate eligibility criteria, assessment requirements, pricing and terms.

​

​

7. Information, Guidance and Outcomes

​

MOTI provides information, assessments, analysis, recommendations, Roadmaps, Learning Topics and other resources intended to assist organisations and individuals in planning and managing organisational transformation.

​

MOTI recommendations are based on the information available to MOTI, including information provided by subscribers through assessments, questionnaires and other interactions with the MOTI resource.

​

While reasonable care is taken in the preparation and delivery of MOTI resources:

​

• MOTI does not guarantee that any particular recommendation, Roadmap, action or approach will produce a specific business or transformation outcome;

• organisational circumstances, priorities, risks, resources and external conditions may change over time;

• subscribers remain responsible for deciding whether and how MOTI recommendations should be applied within their organisation; and

• subscribers should obtain appropriate legal, financial, technical, regulatory or other specialist professional advice where required.

​

MOTI is intended to support informed decision-making and implementation. It does not replace the responsibilities of an organisation's directors, executives, managers, advisers or other decision-makers.

​

​

8. Liability and Consumer Rights

​

Nothing in these Terms & Conditions excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including rights that may apply under the Australian Consumer Law.

 

To the maximum extent permitted by law, MOTI and Elysium Enterprises Pty Ltd are not responsible for loss or damage arising solely from decisions made by a subscriber, user or organisation concerning the implementation or non-implementation of information, recommendations, Roadmaps or other MOTI resources.

​

MOTI is also not responsible for interruptions, loss or damage arising from circumstances outside its reasonable control, including failures of third-party hosting, internet, telecommunications, payment, software or other technology services.

​

Where liability cannot lawfully be excluded but may lawfully be limited, liability will be limited only to the extent permitted by applicable law.

​

Nothing in this section is intended to limit any rights or remedies available to a consumer that cannot legally be limited or excluded.

​​

​

9. Privacy, Data and Personal Information

​

MOTI collects and uses personal and organisational information in connection with subscriptions, assessments, personalised Roadmaps, account administration, support and the delivery and improvement of MOTI resources and services.

​

Information may include account and contact details, assessment responses, organisational information and information generated through a subscriber's use of MOTI.

​

MOTI handles personal information in accordance with its published Privacy Policy, which forms part of the terms governing use of the MOTI resource.

​

Subscribers are responsible for ensuring that information they provide to MOTI is accurate, appropriate and lawfully provided, including where information relates to other individuals or their organisation.

​

MOTI may use third-party technology and service providers to support functions such as website hosting, payment processing, communications, automation, data storage and artificial-intelligence-assisted analysis. Appropriate safeguards will be used where reasonably practicable.

​

Subscribers should refer to the MOTI Privacy Policy for further information about the collection, use, storage and protection of personal information.

​

​

10. Suspension and Termination of Access

​

MOTI may suspend, restrict or terminate access to some or all MOTI resources where reasonably necessary, including where:

​

• subscription fees remain unpaid or a subscription has expired;

• MOTI reasonably believes that an account, access credential or resource is being shared or used without authorisation;

• there is suspected misuse, copying, redistribution or infringement of MOTI intellectual property;

• use of MOTI creates a security, technical, legal or operational risk;

• a subscriber materially breaches these Terms & Conditions; or

• suspension or termination is otherwise reasonably necessary to protect MOTI, its subscribers, its systems or its intellectual property.

​

Where reasonably practicable, MOTI will provide notice and an opportunity to address the issue before permanent access is terminated, except where immediate action is reasonably required for security, legal, fraud-prevention or intellectual-property protection purposes.

​

Termination of access does not transfer or extinguish MOTI intellectual property rights and does not authorise continued access to, copying of, or distribution of MOTI resources after the applicable access period has ended.

 

Any amounts already paid remain subject to the applicable subscription arrangements, these Terms & Conditions and the MOTI Refund Policy.

​​

​

9. Privacy, Data and Personal Information

​

MOTI collects and uses personal and organisational information in connection with subscriptions, assessments, personalised Roadmaps, account administration, support and the delivery and improvement of MOTI resources and services.

​

Information may include account and contact details, assessment responses, organisational information and information generated through a subscriber's use of MOTI.

​

MOTI handles personal information in accordance with its published Privacy Policy, which forms part of the terms governing use of the MOTI resource.

​

Subscribers are responsible for ensuring that information they provide to MOTI is accurate, appropriate and lawfully provided, including where information relates to other individuals or their organisation.

​

MOTI may use third-party technology and service providers to support functions such as website hosting, payment processing, communications, automation, data storage and artificial-intelligence-assisted analysis. Appropriate safeguards will be used where reasonably practicable.

​

Subscribers should refer to the MOTI Privacy Policy for further information about the collection, use, storage and protection of personal information.

​

​

10. Suspension and Termination of Access

​

MOTI may suspend, restrict or terminate access to some or all MOTI resources where reasonably necessary, including where:

​

• subscription fees remain unpaid or a subscription has expired;

• MOTI reasonably believes that an account, access credential or resource is being shared or used without authorisation;

• there is suspected misuse, copying, redistribution or infringement of MOTI intellectual property;

• use of MOTI creates a security, technical, legal or operational risk;

• a subscriber materially breaches these Terms & Conditions; or

• suspension or termination is otherwise reasonably necessary to protect MOTI, its subscribers, its systems or its intellectual property.

​

Where reasonably practicable, MOTI will provide notice and an opportunity to address the issue before permanent access is terminated, except where immediate action is reasonably required for security, legal, fraud-prevention or intellectual-property protection purposes.

​

Termination of access does not transfer or extinguish MOTI intellectual property rights and does not authorise continued access to, copying of, or distribution of MOTI resources after the applicable access period has ended.

 

Any amounts already paid remain subject to the applicable subscription arrangements, these Terms & Conditions and the MOTI Refund Policy.

​

​

11. Changes to these Terms

​

MOTI may update these Terms & Conditions from time to time to reflect changes to its services, subscriptions, features, technology, legal requirements or business operations.

​

The current version of these Terms & Conditions will be published on the MOTI website together with the applicable effective date.

​

Where a material change significantly affects an existing paid subscription, MOTI will take reasonable steps to provide appropriate notice where practicable.

​

Continued use of MOTI after updated Terms & Conditions take effect will constitute acceptance of the revised terms, except where applicable law requires a different form of consent.

​

Changes will not operate to exclude or reduce any rights or remedies that cannot lawfully be excluded.

​

12. Governing Law, Contact and General Provisions

​

These Terms & Conditions are governed by the laws of Victoria, Australia, and applicable Commonwealth laws of Australia.

​

Nothing in these Terms & Conditions is intended to exclude, restrict or modify any right, guarantee or remedy that cannot lawfully be excluded under applicable law, including the Australian Consumer Law.

​

If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, and the remaining provisions will continue in effect.

​

A failure by MOTI to enforce any provision of these Terms & Conditions does not constitute a waiver of that provision or of any other right.

​

These Terms & Conditions, together with any applicable subscription terms, pricing information, Refund Policy, Privacy Policy and other expressly incorporated MOTI policies, form the agreement governing access to and use of MOTI.

​

Questions regarding these Terms & Conditions may be directed to:

​

Elysium Enterprises Pty Ltd
MOTI – Managing Organisational Transformation Initiatives
Park Orchards, Victoria, Australia
motiaustralia1@gmail.com