The content available through smartKPIs.com 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, The KPI Institute owned content received through the smartKPIs.com 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 KPI Institute’s website to anyone, without The KPI Institute's prior written consent.
All information published on smartKPIs.com website should be treated as private and confidential and the publication of such information on the smartKPIs.com website does not specify that this information is in the public domain. Such information may not be disclosed without the express written permission of The KPI Institute.
Any reproduction, retransmission, distribution, selling, publishing, broadcasting or circulating of the information received through smartKPIs.com website, without explicit written permission of The KPI Institute , will be illegal and prosecuted as such.
Services means the provision on smartKPIs.com 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.
"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 SMARTKPIS.COM SERVICES
The Content. smartKPIs.com includes a combination of content developed by our Analysts, as well as created and posted by users of the site (KPIs submitted). All of the content on the smartKPIs.com site is protected by the copyright of The KPI Institute and other content providers. Materials uploaded to smartKPIs.com 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 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 smartKPIs.com site in whole or in part outside of the express usage rights granted to you by each license. If you download or print a copy of any smartKPIs.com 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.
No Spam/Unsolicited Communications. No one may use the smartKPIs.com 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 smartKPIs.com 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 smartKPIs.com Services.
4.1. Account security
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorised use by any third party. You must not share your password with any third party. Please contact us at email@example.com with the subject line: "Account Security Breach" as soon as you know of, or suspect any unauthorised use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
Access to many portions of the Sites is restricted to paying members, to whom we issue usernames and passwords. You are not authorized to access any Restricted Areas unless you have received a password from us. In particular, you may not use another person’s password to access the Sites.
Whenever we ask you to identify yourself, or for other personal information, you agree to provide truthful, accurate, current, and complete information, and to keep this information current and accurate throughout the time you remain a Member. You also represent and warrant that you have obtained all necessary consents, approvals and authorizations to provide the personal information to us, and that you are not violating any laws, rules or regulations or the rights of any individual or entity, by providing such personal information.
You may terminate your account by contacting us at firstname.lastname@example.org (subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
4.3. Acceptable user conduct
We may restrict, suspend, or terminate your access to the Sites without notice to you if we believe that you have violated any law or these Terms of Service.
Without limiting the foregoing, you agree not to:
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:
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. For example, in order to prevent unauthorized distribution, we may place a limit on the number of KPI examples a user can view and download from the Sites. If you attempt to view or download more than the present number of KPI examples, we may lock your account, preventing you from accessing any further 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 SUBMISSIONS AND OTHER MATERIAL
Your posts. As part of the smartKPIs.com Services, users may have an opportunity to publish, transmit, submit or otherwise post materials.
You must not post information that: (a) is not suitable for, or within the scope of subjects smartKPIs.com; 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 smartKPIs.com 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 Contact form from the Contact us page (subject line: "Inappropriate User Material").
7. LINKED WEBSITES AND ADVERTISING
By using the smartKPIs.com 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 smartKPIs.com.
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.
smartKPIs.com, the smartKPIs.com logo, http://www.smartKPIs.com and other smartKPIs.com marks, graphics, logos, scripts, and sounds are trademarks of The KPI Institute. None of the smartKPIs.com 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 smartKPIs.com Services is done at your own risk. The smartKPIs.com Services, including the smartKPIs.com 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 smartKPIs.com 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 smartKPIs.com 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 smartKPIs.com Services.
10. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material or other information provided through the smartKPIs.com 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 9028 2223
M: +61 4 2456 8088
To be effective, the notification must be in writing and contain the following information:
11. GENERAL INFORMATION
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the smartKPIs.com Services 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, the subscriptions are not eligible for 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. INCORPORATION OF TERMS
1.1. Incorporation of Terms
2. TERMS OF ACCESS
2.1. Ownership of the Website
The Website is owned and operated by The KPI Institute.
2.2 Access to Premium Content
3. OWNERSHIP AND USE OF PREMIUM CONTENT
3.1 Ownership of Premium Content
The Premium Content, together with all Intellectual Property comprised in the Premium Content, is owned or licensed by The KPI Institute.
3.2 Prohibition on use of Premium Content
Other than as permitted under clauses 3.3, 3.4 and 3.5, you may not use the Premium Content for any purpose, including but not limited to:
3.3. Permitted use of Premium Content for non-commercial purposes
Notwithstanding clause 3.2, you and your employees may download, reproduce, use and refer to the Premium Content:
3.4. Permitted use of Premium Content for commercial purposes
Notwithstanding clause 3.2, you and your employees may download, use and refer to the Premium Content for commercial purposes, provided that:
3.5. Permitted use of Premium Content for other purposes
Notwithstanding clause 3.2, and in addition to the permitted uses of the Premium Content allowed pursuant to clauses 3.3 and 3.4, you and your employees may download, use, reproduce, refer to, copy or publish the Premium Content or a part of the Premium Content for a particular purpose provided that:
4.1. Statutes not to abrogate Premium Content 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 Premium Content 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 Premium Content Terms.
4.2. No waiver
No failure or delay by The KPI Institute to exercise any power, right or remedy under these Premium Content Terms will operate as a waiver of that power, right or remedy.
4.3. Governing law and submission to jurisdiction
These Premium Content Terms will be construed in accordance with the law of the State of Victoria, Australia.
5. DEFINITIONS AND INTERPRETATION
In these Premium Content Terms, unless the contrary intention appears:
1. TERMS OF ACCESS
1.1. Access to Template
2. INTELLECTUAL PROPERTY
2.1. Ownership of Intellectual Property
The Intellectual Property Rights are and will remain the exclusive property of The KPI Institute.
2.2. Prohibition on infringement
You agree not to:
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:
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:
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:
4. WARRANTIES, LIABILITIES AND INDEMNIFICATION
4.1. Exclusion of warranties
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:
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:
Thank you for taking the time to read these Terms. By following these Terms, the experience will be better for all users. Enjoy smartKPIs.com!