Terms and conditions
The content available through www.performancemagazine.org website is the sole property of The KPI Institute Pty. Ltd. (“The KPI Institute”), and is protected by copyright, trademark and other intellectual property laws.
Except as otherwise explicitly agreed in writing, Performance Magazine owned content received through the www.performancemagazine.org website may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only, through the means of your home or office computer.
You agree not to reproduce, retransmit, distribute, sell, publish, broadcast or circulate, or in any way disclose the information received through the www.performancemagazine.org website to anyone, without using the proper citation: The KPI Institute, 2014, PERFORMANCE MAGAZINE, Melbourne, Australia. Copying or storing of any Content for other than personal use is expressly prohibited without The KPI Institute’s prior written consent, or the copyright holder identified in the copyright notice contained in the Content.
Any reproduction, retransmission, distribution, selling, publishing, broadcasting or circulating of the information received through the www.performancemagazine.org website, without explicit written permission of The KPI Institute and without the proper citation, will be illegal and prosecuted as such.
Services means the provision on kpiinstitute.org of information related to various aspects of performance management, including but not limited to lists of documented KPIs, relevant links, articles and questions & answers on performance management topics.
Sites means www.performancemagazine.org , www.smartKPIs.com and www.kpiinstitute.org and all extensions related to these web domains.
“we” or “our” or “us” means The KPI Institute Pty. Ltd.
“You” (or “Your”) means the party seeking to access and use the materials and/or Services pursuant to these Terms.
1. DESCRIPTION OF SERVICE AND ACCEPTANCE
3. ACCESS AND USE OF THE performancemagazine.org SERVICES
performancemagazine.org includes a combination of content developed by our editorial team or that is created and posted by users of the site (the “content”). All of the content on the performancemagazine.org site is protected by the copyright of The KPI Institute and other content providers. Materials uploaded to performancemagazine.org may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download or upload such materials.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the content on the performancemagazine.org site in whole or in part without following the citation rules. If you download or print a copy of any performancemagazine.org content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise use, reproduce, display, publicly perform, or distribute such content in any way for any public or commercial purpose unless such use is expressly granted by a particular license and cited accordingly.
You must only use the performancemagazine.org services for lawful and authorised purposes only. You are prohibited from using the performancemagazine.org services in a way that:
- violates the rights of any third part including such third party’s patents or patentable inventions, trademarks, trade secrets, copyright, publicity or other proprietary or intellectual property rights;
- uses any unauthorised means to access the performancemagazine.org Services;
- accesses the performancemagazine.org Services through any automated system, including “robots,” “spiders,” or “offline readers” (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the performancemagazine.org Services);
- attempts, whether successfully or not, to introduce viruses, malware, spyware, trojans or any other malicious computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempts to damage, disable, overburden, impair, or gain unauthorised access to the performancemagazine.org servers, or computer network, the performancemagazine.org website itself or user accounts;
- attempts to collect personally identifiable information from performancemagazine.org or The KPI Institute ; involves conduct that is a criminal offence in your country, encourages conduct that would constitute a criminal offence, or that gives rise to civil liability of any kind;
- violates these Terms, guidelines or any policy posted on the performancemagazine.org Site; or
- interferes with any other party’s quiet use and enjoyment of the performancemagazine.org Services.
No Spam/Unsolicited Communications. No one may use the performancemagazine.org Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk mail, spam or other unsolicited communications. You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilising or remaining within our computer or communications networks.
Suspension/Discontinuation. We hope not to, but we may find it necessary to change, suspend or discontinue — temporarily or permanently — some or all of the performancemagazine.org Services, at any time without notice. It is important that you understand that The KPI Institute will not be liable to you for any modification, suspension or discontinuance of the performancemagazine.org Services.
4.3. Acceptable user conduct
You further agree that you will only access the Sites through the interfaces we provide and that you will not violate or attempt to violate the security of the Sites, including, without limitation:
- attempting to interfere with service to any user, host, or network;
- accessing data not intended for you or logging into a server or account that you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
- taking any action that could have the effect of damaging the Sites or their security, or interfere with other users’ use of the Sites, including by imposing an unreasonable or disproportionately large load on the Sites’ infrastructure;
- using any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any activity being conducted on the Sites other than through the search engine and search agents available from us on the Sites and other generally available third-party providers (e.g., Google, MSN);
- using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate, search, or collect data from the Sites other than the search engine and search agents available from us on the Sites and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer);
- attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Sites;
Violations of system or network security may result in civil or criminal liability. In accordance with this Terms of Service agreement, we will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
4.4. Limitations on Access to Content
In order to protect the content included on the Sites, including within certain Restricted Areas, we may place limits on specific users’ access to our content. We will notify you if your account is locked, and we will give you the opportunity to request that your account be unlocked by contacting us at email@example.com or by another method that we may establish.
In addition, in order to prevent unauthorized distribution, we may place technological restrictions on your use of content downloaded from the Sites, including technology known as “digital rights management.” This technology may prevent you from transferring content between computers or redistributing it, and you agree that any technological restrictions we impose will govern your use of that content. However, your use of content distributed on the Sites is subject to the restrictions on redistribution or reuse described above even if we choose not to impose technological restrictions to prevent your violation of these Terms of Service.
If you wish to make a use of our content that is not permitted by these Terms of Service or by any technological restrictions we impose, you may contact us to describe your proposed use and ask for permission to use the content in the proposed manner, but you may not attempt to reverse-engineer or avoid any technological restrictions that we impose. If we grant permission to use our content in a manner that is inconsistent with these Terms of Service or with any technological restriction we impose, we must do so in writing.
5. COLLECTION AND USE OF PERSONAL INFORMATION
6. USER COMMENTS, REVIEWS AND OTHER MATERIALYour Posts. As part of the performancemagazine.org Services, users may have an opportunity to publish, transmit, submit or otherwise post reviews, comments or other materials.
You must not post information that: (a) is not suitable for, or within the scope of subjects performancemagazine.org ; or (b) improperly claims the identity of another person. You are not obliged to provide personal information as part of your post and it is your choice as to whether you decide to post personally identifiable information, such as your full name, email address, telephone number or street address.
You agree to pay for all royalties, fees, and other payments owed to any third party as a result of any posts you make. The KPI Institute may in its absolute discretion remove any and all parts of your posts without notification to you if advised that it infringes a third person’s intellectual property or other rights. You understand that The KPI Institute does not guarantee any confidentiality with respect to any information posted and you should assume that your posts will be available to the public domain.
Third Party Posts. Despite these restrictions, please be aware that some material, contributions or posts provided by users (“User Material”) may be objectionable, unlawful, inaccurate or inappropriate. The KPI Institute does not endorse User Material. User Material that is available on performancemagazine.org does not reflect the opinions or policies of The KPI Institute. In no event does The KPI Institute assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against The KPI Institute with respect to such User Material. If you are aware of any inappropriate User Material please notify us by using the “report post” button or contacting us at http://www.performancemagazine.org/contact-us (subject line: “Inappropriate User Material”).
7. LINKED WEBSITES AND ADVERTISING
By using the performancemagazine.org Services, you acknowledge and agree that The KPI Institute is not responsible or liable to you for any content or other materials hosted and served from any third party website or your use of any other website, even if hyperlinked from performancemagazine.org .
Advertisements. The KPI Institute is not liable for advertisements or any third party material Posted on any of the Sites, or for the products or services provided by such advertisers. You agree to waive any legal or equitable rights or remedies you may have against The KPI Institute with respect to such advertisers, products or services.
performancemagazine.org, Performance Magazine logo, http://www.performancemagazine.org and other performancemagazine.org marks, graphics, logos, scripts, and sounds are trademarks of The KPI Institute. None of the performancemagazine.org trademarks or branding may be copied, downloaded or otherwise exploited without The KPI Institute’s prior written consent.
9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
You agree that use of the performancemagazine.org Services is done at your own risk. The kpiinstitute.org Services, including the performancemagazine.org site and the other Sites, the content, user material and any other materials and information contained on or provided through the sites, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, The KPI Institute does not make any warranties of fitness for a particular purpose, or that the performancemagazine.org services will be uninterrupted, free of viruses or other harmful components, accurate, error free or reliable.
In no event shall The KPI Institute , their respective affiliates, licensors, officers, directors, employees or agents (collectively “The KPI Institute parties”) be liable for any direct, indirect, punitive, incidental, special, consequential or other damages, including loss of profits, income or savings arising out of, or in any way related to the use of the performancemagazine.org Services (including any information, products or services advertised in, obtained on or provided through the sites), whether based in contract, tort, strict liability or other theory, even if the The KPI Institute parties have been advised of the possibility of damages. Certain laws in your state/country do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you but only to the extent prohibited by your country’s or state’s laws.
You agree to defend, indemnify and hold harmless The KPI Institute parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorney’s fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these Terms and your use of the performancemagazine.org Services.
10. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material or other information provided through the performancemagazine.org Services, including through a link, infringes your copyright or other intellectual property rights, you should notify The KPI Institute of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which The KPI Institute receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to The KPI Institute. You may also contact us by mail at:
The KPI Institute Pty. Ltd.
Suite 606, 198 Harbour Esplanade Melbourne Docklands, Victoria – 3008
T: +61 3 9670 2979
F: +61 3 8677 6519
To be effective, the notification must be in writing and contain the following information:
(a) an electronic or physical signature of the person authorised to act on behalf of the owner of the relevant intellectual property right;
(b) a description of the work or intellectual property right that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on performancemagazine.org that is reasonably sufficient to enable The KPI Institute to identify and locate the material;
(d) how The KPI Institute can contact you, such as your address, telephone number, and email address;
(e) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
11. GENERAL INFORMATION
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the performancemagazine.org are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Choice of Law. This Agreement shall be governed by the laws of the State of Victoria in Australia, without regard to conflicts of laws rules that would cause the application of the law of another jurisdiction.
If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions of these Terms.
12. RETURN POLICY
Due to the nature of the content, premium content subscription, research reports and templates purchases are not eligible for return or refund under any circumstances. The value of digital information products is in the data they contain, and once this data is accessed, it is considered as a used product. We apologize if this causes any inconvenience. If you have any questions or doubts, please contact us via the Contact Us page.
1. TERMS OF ACCESS
1.1. Access to Template
(a) Access to the Template is conditional upon acceptance of these Template Terms by you.
(b) By downloading the Template, you are accepting these Template Terms.
2. INTELLECTUAL PROPERTY
2.1. Ownership of the site
The Intellectual Property Rights are and will remain the exclusive property of The KPI Institute.
2.2. Prohibition on infringement
You agree not to:
(a) contest, challenge or attack in any way or procure or encourage any third party to challenge or attack in any way the validity or any other aspect of the Template or the Intellectual Property Rights;
(b) oppose any application by The KPI Institute to IP Australia (or an equivalent office in any country) for the registration of or an extension of term of registration of the Intellectual Property; or
(c) infringe or procure or encourage any third part to infringe the Intellectual Property Rights.
2.3. Infringement of Intellectual Property
In the event that you become aware of an infringement or suspected infringement of the Intellectual Property Rights by you or by any third party, you must notify The KPI Institute immediately upon or as soon as practicable after becoming aware of such infringement or suspected infringement.
3. USE OF TEMPLATE
3.1. Prohibition on use of Template
Other than as permitted under clause 3.2, you may not use the Template or any document based upon or including the Template for any purpose, including but not limited to:
(a) the reproduction of the Template or any part of the Template in any material form;
(b) the distribution of the Template, any part of the Template, or any document based upon the Template in any material form;
(c) re-transmission of the Template, any part of the Template, or any document based upon the Template by any medium of communication;
(d) uploading or re-posting the Template, any part of the Template, or any document based upon the Template to any other site accessible via the internet; or
(e) the commercialisation of the Template, any part of the Template, or any document based upon the Template.
3.2. Permitted use of the Template for non-commercial purposes
Notwithstanding clause 3.1, you and your employees may download, reproduce, use, make copies, refer to, and adapt the Template:
(a) for non-commercial purposes; or
(b) in connection with the internal management and monitoring of your organisation, provided that the Intellectual Property Notices are not removed from the Template in any such downloaded, reproduced, used, copied, referenced or adapted version of the Template.
3.3. Permitted use of the Template for other purposes
Notwithstanding clause 3.1, and in addition to the permitted use of the Template allowed pursuant to clause 3.2, you and your employees may download, reproduce, use, copy, refer to, adapt or publish the Template a part of the Template, or a document based upon the Template for a particular purpose provided that:
(a) you have received prior written permission from The KPI Institute to such download, reproduction, use, copying, referencing, adaptation or publication of the Template for that purpose; and
(b) the download, reproduction, use, copying, referencing, adaptation or publication of the Template, part of the Template, or document based upon the Template contains adequate attribution of The KPI Institute, the content of which attribution is to be determined by The KPI Institute at its discretion on a case by case basis.
4. WARRANTIES, LIABILITIES AND INDEMNIFICATION
4.1. Exclusion of warranties
(a) Other than as set out in these Template Terms, The KPI Institute makes no express warranties or representations in respect of the Intellectual Property Rights or the Template.
(b) To the extent permitted by law, The KPI Institute excludes all implied warranties in respect of the Intellectual Property Rights to the Template that would otherwise be implied by law.
4.2. Exclusion of liability
To the extent permitted by law, The KPI Institute excludes all liability for any damage, whether direct, indirect, special or consequential, arising in any way out of the use of or in connection with the Intellectual Property Rights or the Template.
4.3. Limitation of liability
Where clause 4.3 cannot legally operate, and to the extent permitted by law, The KPI Institute’s liability for any breach of any warranty or any term implied by law is limited to:
(a) in the case of services, the cost of having the services supplied again; and
(b) in the case of goods, the lowest of the cost of replacing the goods, acquiring equivalent goods or having the good repaired.
You agree to indemnify The KPI Institute on a full indemnity basis against all losses, liabilities, costs, claims, demands and expenses arising directly or indirectly as a result of or in connection with any breach or alleged breach by you of these Template Terms or your use of the Template.
5.1. Statutes not to abrogate Template Terms
Unless application is mandatory by law, no statute, ordinance, proclamation, rule, order, regulation, moratorium or decree of any governmental or other authority, present or future, will apply to these Template Terms so as to abrogate, extinguish, impair, diminish, fetter, delay or otherwise prejudicially affect any rights, powers, remedies or discretions given or accruing to The KPI Institute under these Template Terms.
5.2. No waiver
No failure or delay by The KPI Institute to exercise any power, right or remedy under these Template Terms will operate as a waiver of that power, right or remedy.
5.3. Governing law and submission to jurisdiction
These Template Terms will be construed in accordance with the law of the State of Victoria, Australia.
6. DEFINITIONS AND INTERPRETATION
In these Template Terms, unless the contrary intention appears:
(a) “Business Day” means any day that is not a Saturday, a Sunday or a public holiday in Melbourne, Victoria.
(b) “commercial purpose” means a purpose intended to generate or which has the effect of generating financial gain, return or profit for you.
(c) “The KPI Institute” means the The KPI Institute Pty Ltd ABN 18 109 262 366.
(d) “Intellectual Property” means any business names, copyright, patents, trade marks, service marks, trade names, designs, and similar industrial, commercial and intellectual property (whether registered or not and whether protected by statute or not and including formulae and know-how).
(e) “Intellectual Property Notices” means all written statements and other notices affixed to or contained in the Intellectual Property confirming, advising as to or making reference to The KPI Institute’s ownership of the Intellectual Property.
(f) “Intellectual Property Rights” means all rights in and to the Intellectual Property contained in or related to the Template and any improvements or modifications to the whole or any part of the Template together with all goodwill attached to the Template.
(g) “reproduce” means to replicate a part of the Template, whether in its original form, or in an amended version of its original form such that there remains a substantial degree of objective similarity between the Template and the amended version.
(h) “Template” means the template to be made available by The KPI Institute to you in consideration for the payment of a fee.
(j) “you” means the party seeking to access and use the Template.
(a) Words importing the singular include the plural and vice versa. Any gender includes the other genders. Any reference to a person includes a reference to a corporation, firm, authority, government or governmental agency.
(b) A reference to legislation or to a legislative provision includes all regulation, orders, proclamations, notices or other requirements under that legislation or legislative provision. It also includes any amendments, modifications or re-enactments of that legislation or legislative provision and any legislation or legislative provision substituted for, and any statutory instrument issued under, that legislation or legislative provision.
(c) The clause headings in these Template Terms are for reference purposes only and do not in any way influence or affect the meaning of these Template Terms.
(d) A reference to any deed, agreement, licence, document or other instrument (including these Template Terms) includes a reference to that deed, agreement, licence, document or other instrument as renewed, extended, novated, varied or substituted from time to time.
(e) A reference to any party to these Template Terms or to any other deed, agreement, licence, document or other instrument required under these Template Terms or for the purposes of these Template Terms includes that party’s executors, administrators, substitutes, successors and permitted assigns.
(f) Where under or pursuant to these Template Terms or anything done under these Template Terms the day on or by which any act, matter or thing is to be done is not a Business Day, such act, matter or thing is to be done on the immediately succeeding Business Day.
(g) References to clauses are references to clauses of these Template Terms.
Thank you for taking the time to read these Terms. By following these Terms, the experience will be better for all users. Enjoy performancemagazine.org!