smartKPIs.com Terms of Use

Summary

Your use of smartKPIs.com website specifies that you agree to comply with these Terms. Every time you use smartKPIs.com website you void to confirm your agreement with these Terms.

The content available through smartKPIs.com website is the sole property of eab group Pty. Ltd. (“eab group”), and is protected by copyright, trademark and other intellectual property laws.

Except as otherwise explicitly agreed in writing, eab group 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 eab group website to anyone, without eab group'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 eab group.

Any reproduction, retransmission, distribution, selling, publishing, broadcasting or circulating of the information received through smartKPIs.com website, without explicit written permission of eab group, will be illegal and prosecuted as such.

Definitions

Services means the provision on the smartKPI.com of information related to various aspects of performance management, including but not limited to lists of documented KPIs, relevant links, articles and

Sites means www.smartKPIs.com and www.eabgroup.com.au websites and all extentions related to these web domains.

"we" or "our" or "us" means eab group 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

smartKPIs.com is an online database of Key Performance Indicators (“KPIs”) the sole property of eab group Pty. Ltd. (“eab group”). In order for all of our users to enjoy the smartKPIs.com, eab group requires all users to agree to the terms and conditions described in these Terms of Use ("Terms of Use" or "Terms"). By visiting smartKPIs.com, (whether or not you are a registered member) or using any of the smartKPIs.com Services on any of the Sites, you are accepting these Terms. Please take a moment to carefully read through these Terms, as they contain important information regarding your legal rights and obligations, with the use of smartKPIs.com site. If you have any questions or comments about these Terms, please contact us via email at info@smartKPIs.com

2. CHANGES TO THE TERMS OF USE BY smartKPIs.com

smartKPIs.com may change these Terms of Use at any time without notice and such change shall be immediately effective upon posting the new Terms on the smartKPIs.com Site at http://smartkpis.com/terms-of-use.html. Any visit to the smartKPIs.com site or use of the smartKPIs.com Services on any of the Sites by you after the new Terms are posted will indicate your agreement to such change.

3. ACCESS AND USE OF THE smartKPIs.com SERVICES

The Content.  smartKPIs.com 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 smartKPIs.com site is protected by the copyright of smartKPIs.com 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 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 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.

Where you have subscribed and paid for premium or restricted content or Intellectual Property on the Sites (“premium content”), the right to access such premium content only endures for the period of your subscription, commencing on the date payment is acknowledged by eab group. Any rights to use premium content granted under these Terms of Use cease on expiration of your subscription, or termination of your account, whichever occurs first.

Your Responsibilities. You must only use the smartKPIs.com services for lawful and authorised purposes only. You are prohibited from using the smartKPIs.com 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 smartKPIs.com Services;

• accesses the smartKPIs.com 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 smartKPIs.com 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 smartKPIs.com servers, or computer network, the smartKPIs.com website itself or user accounts;

• attempts to collect personally identifiable information from smartKPIs.com or eab group;

• 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 smartKPIs.com Site; or

• interferes with any other party's quiet use and enjoyment of the smartKPIs.com Services.

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 smartKPIs.com will not be liable to you for any modification, suspension or discontinuance of the smartKPIs.com services.

4. ACCOUNTS

We may from time to time offer various features that require registration or the creation of an account on smartKPIs.com. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.

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 info@smartkpis.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.

4.2. Termination

You may terminate your account by contacting us at contact us (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.

We reserve the right to immediately terminate your account or your use of the smartKPIs.com Services at any time without notice or liability if smartKPIs.com determines in its sole and absolute discretion that you have breached these Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct. We also reserve the right to terminate your account or your use of the smartKPIs.com Services if your use places an undue burden on our networks or servers. In the event of termination of these Terms by us under this paragraph, you forfeit the right to any refund of the fees and charges paid by you to us.

4.3 Payment terms

In order to have a premium content account, you must use a valid credit card. You will be billed once for the entire year. that is when registering for the Premium Membership and Corporate Membership. Enterprise Membership accounts will be set-up once for the entire organisation and employees of this organisation can register under this account, without being billed individually. There will be no refunds for partial use of the Services, any unused term of your account, early termination for any reason, downgrade options or cancelling log-ins Your account for access to the premium content account will only be activated upon receipt of email from us containing the transaction number.

5. COLLECTION AND USE OF PERSONAL INFORMATION

For information about smartKPIs.com policies and practices regarding the collection and use of your personally identifiable information, please read smartKPIs.com Privacy Policy located at http://smartkpis.com/privacy.html.The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the smartKPIs.com Site and use of the smartKPIs.com Services on any of the Sites are governed by the smartKPIs.com Privacy Policy in effect at the time of your use.

6. USER COMMENTS, REVIEWS AND OTHER MATERIAL

Your Posts. As part of the smartKPIs.com 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 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. smartKPIs.com 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 smartKPIs.com 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. smartKPIs.com does not endorse User Material. User Material that is available on smartKPIs.com does not reflect the opinions or policies of smartKPIs.com or eab group. In no event does smartKPIs.com or eab group 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 smartKPIs.com or eab group 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://smartkpis.com/contact.html (subject line: "Inappropriate User Material").

7. LINKED WEBSITES AND ADVERTISING

Third Party Websites. If we provide links or pointers to other websites, no inference or assumption should be made that smartKPIs.com or eab group operates, controls, supports, endorses or is otherwise connected with these websites. When you click on a link within the smartKPIs.com Services, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You cannot rely on these Terms for your use of any other website.

By using the smartKPIs.com Services, you acknowledge and agree that neither smartKPIs.com or eab group is 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. smartKPIs.com 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 smartKPIs.com or eab group with respect to such advertisers, products or services.

8. TRADEMARKS

smartKPIs.com, the smartKPIs.com logo, http://www.smartkpis.com and other smartKPIs.com marks, graphics, logos, scripts, and sounds are trademarks of smartKPIs.com. None of the smartKPIs.com trademarks or branding may be copied, downloaded or otherwise exploited without smartKPIs.com’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, smartKPIs.com 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 smartKPIs.com, eab group, their respective affiliates, licensors, officers, directors, employees or agents (collectively “smartKPIs.com 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 smartKPIs.com 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 smartKPIs.com 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 smartKPIs.com of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement which smartKPIs.com receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to smartKPIs.com. You may also contact us by mail at:

eab group Pty. Ltd.

Life.lab Building
Suite 606, 198 Harbour Esplanade
Melbourne Docklands, Victoria - 3008
Australia
T: +61 3 9642 0632
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 smartKPIs.com that is reasonably sufficient to enable smartKPIs.com to identify and locate the material;

(d) how smartKPIs.com 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 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.

No Waiver/Reliance. If you see other users violating these Terms from time to time, we would appreciate it if you would let us know via email at info@smartKPIs.com (subject line: "TOU Violation"). smartKPIs.com 's response in one situation cannot be relied upon as any indication of what smartKPIs.com might do with respect to a different party or a different situation at a different time. In addition, a waiver of any provision of these Terms of Use with respect to any user cannot be relied upon as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. smartKPIs.com’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy.

Integration, Amendment, and Severability. These Terms constitute the entire legal agreement between you and smartKPIs.com and governs your use of the smartKPIs.com Services (but excluding any services, if any, that smartKPIs.com smartKPIs.com may provide to you under a separate written agreement), and completely replaces any prior agreements between you and smartKPIs.com in relation to the smartKPIs.com Services. It may not be amended or varied by you except in a writing signed by smartKPIs.com. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes a signature may not include an electronic or digital signature. Even if smartKPIs.com acts in a way that appears to you to be inconsistent with these Terms of Use, such action(s) should not be deemed a waiver or constructive amendment of these Terms. These Terms operate to the fullest extent permissible by law.

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.

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!