TERMS OF USE
Operated by Nicole Tewierik Coaching Pty Ltd (ABN 83 604 433 089)
Last updated: June 2026
1. About these Terms
These Terms of Use govern your access to and use of the Leadership Habit Tracker platform (the Platform), operated by Nicole Tewierik Coaching Pty Ltd (we, us, our). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.
The Platform is provided to you through an arrangement between us and your organisation. Your organisation holds a licence to use the Platform under a separate services agreement with us (the Organisation Agreement). Commercial matters, including fees, licence scope and service levels, are governed by the Organisation Agreement and not by these Terms. If there is any inconsistency between these Terms and the Organisation Agreement, the Organisation Agreement prevails to the extent of the inconsistency.
2. The Platform
The Leadership Habit Tracker is a behavioural commitment platform that supports leadership development programs. It allows participants to nominate behavioural commitments drawn from their organisation's capability framework, receive reinforcement prompts, record reflections, and allows authorised administrators to view aggregated patterns across cohorts.
The Platform is a program support tool. It is not a performance management system, a learning management system, or a substitute for professional advice of any kind. Nothing on the Platform constitutes legal, financial, medical, psychological or human resources advice.
3. Accounts and access
Access to the Platform is provided at the request of your organisation. You must be at least 18 years of age to use the Platform.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us promptly at [email protected] if you become aware of any unauthorised access to or use of your account.
Your level of access is determined by the role assigned to you. Participants can view and manage only their own commitments, reminders and reflections. Organisation administrators can view aggregated, cohort-level information for their organisation only. No user can access data belonging to another organisation.
4. Acceptable use
You agree to use the Platform only for its intended purpose and in accordance with these Terms and all applicable laws. You must not:
(a) use the Platform for any unlawful, fraudulent or malicious purpose;
(b) attempt to gain unauthorised access to any part of the Platform, other user accounts, or the systems and networks on which the Platform operates;
(c) attempt to reverse engineer, decompile, copy or create derivative works from any part of the Platform;
(d) use automated tools, scripts or bots to access the Platform without our prior written consent;
(e) upload or transmit any malicious code or content that is unlawful, defamatory, harassing or otherwise objectionable;
(f) resell, sublicense or otherwise make the Platform available to any third party; or
(g) interfere with or disrupt the integrity or performance of the Platform.
We may suspend or terminate your access if we reasonably believe you have breached these Terms.
5. Your content
You retain ownership of the content you submit to the Platform, including your commitments and reflections (Your Content). By submitting Your Content, you grant us a non-exclusive, royalty-free licence to host, store, process and display Your Content for the purpose of operating and providing the Platform, including generating aggregated and de-identified insights for your organisation.
You are responsible for the accuracy of Your Content. You must not submit content that infringes the rights of any third party or that you do not have the right to submit.
Our collection and handling of personal information is governed by our Privacy Policy, which forms part of these Terms.
6. Intellectual property
The Platform, including its software, design, features, functionality and all associated intellectual property, is owned by or licensed to Nicole Tewierik Coaching Pty Ltd. Nothing in these Terms transfers any ownership of the Platform or its intellectual property to you.
Capability frameworks, behaviour libraries and related content configured within the Platform remain the property of their respective owners. Where your organisation has supplied its own capability framework, that framework remains the property of your organisation. Where a framework or behaviour library has been developed by us, it remains our property.
You are granted a limited, non-exclusive, non-transferable right to use the Platform for its intended purpose for so long as your organisation holds a current licence and your account remains active. This right ends when your access is deactivated or your organisation's licence ends.
7. Artificial intelligence features
The Platform may use artificial intelligence services to generate personalised reinforcement prompts and aggregated cohort summaries. Where AI features are in use:
(a) AI-generated content is produced automatically and may occasionally contain inaccuracies. It is intended as program support material and should be read with judgement;
(b) your data is not used to train AI models; and
(c) AI-generated cohort summaries are produced at an aggregated level and are designed to show patterns across a cohort, not to assess or score individuals.
Further detail on how information is handled in connection with AI features is set out in our Privacy Policy.
8. Availability and changes
We aim to keep the Platform available and performing well, but we do not guarantee that the Platform will be uninterrupted, error-free or available at all times. The Platform may be temporarily unavailable due to maintenance, updates or circumstances beyond our reasonable control.
We may modify, update or discontinue features of the Platform from time to time. Where a change materially reduces the functionality available to your organisation, we will give reasonable notice through the Platform or to your organisation's administrator.
9. Suspension and termination
Your access to the Platform may end because:
(a) your organisation's licence expires or is terminated;
(b) your organisation's administrator deactivates your account; or
(c) we suspend or terminate your access for breach of these Terms.
On termination or deactivation, your right to access the Platform ceases. The treatment of your data following termination or deactivation is set out in our Privacy Policy.
10. Consumer guarantees and liability
The Australian Consumer Law provides consumers with guarantees that cannot be excluded, restricted or modified, including that services will be provided with due care and skill. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
To the extent permitted by law, and subject to the paragraph above:
(a) the Platform is provided on an as-available basis and we make no warranties beyond those that cannot be excluded;
(b) we are not liable for any indirect, incidental or consequential loss, loss of profit, loss of data or loss of opportunity arising out of or in connection with your use of the Platform; and
(c) where our liability cannot be excluded but can be limited, our liability is limited, at our election, to resupplying the relevant services or paying the cost of having the relevant services resupplied.
Nothing in these Terms limits liability that cannot be limited by law, including liability arising from fraud or wilful misconduct.
11. Privacy
Our Privacy Policy explains what personal information we collect, how we hold and use it, where it is stored, and how you can access, correct or request deletion of your personal information. By using the Platform you acknowledge that you have had the opportunity to read the Privacy Policy.
12. Changes to these Terms
We may update these Terms from time to time. If we make a material change, we will give notice through the Platform or by email before the change takes effect. Your continued use of the Platform after the change takes effect constitutes acceptance of the updated Terms. The current version of these Terms will always be available on this page.
13. General
These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of Victoria and the courts entitled to hear appeals from them.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
A failure by us to enforce any right under these Terms does not constitute a waiver of that right.
14. Contact
Questions about these Terms can be directed to:
Nicole Tewierik Coaching Pty Ltd
ABN 83 604 433 089
Email: [email protected]
