Terms and Conditions
1. APPLICATION & MODIFICATION
(a) These terms and conditions (‘terms’) describe the terms and conditions under which Outcome Leaders Pty Limited ABN 70 605 753 795 (‘Outcome Leaders’) offers you (‘you’) use of the Coordinatedcapability.com service (‘Service’) provided at www.coordinatedcapability.com (‘Site’). By accessing the Site or using the Service, you agree to be bound by these terms. If you do not wish to be bound by these terms, you may not access the Site or use the Service.
(b) Outcome Leaders may modify these terms at any time, and such modifications shall be effective immediately upon posting of the modified terms on the Site. You agree to review these terms periodically to be aware of such modifications. Your continued access to the Site or use of the Service shall be deemed your conclusive acceptance of the modified terms.
(a) The Service enables you to develop a Capability Plan, so as to help lift the performance of your organisation. (b) None of the information provided through the Service or on the Site is or is intended to be advice, a diagnosis, prescription or solution. (c) Neither Outcome Leaders nor any provider of any content on the Site guarantee any benefits or improvements for the users of the Service.
Outcome Leaders provides technical support for use of the Service by email only.
(b) Outcome Leaders may terminate, change, suspend or discontinue the Service and/or the availability of any features of the Site, at any time.
(a) User accounts are not available to minors or any person who cannot legally agree to these terms. By registering for an account for use of the Service, you confirm that you are an adult and are capable of entering into a binding agreement.
(b) To open an account for use of the Service, you must provide true and accurate information as required by the Registration Form.
(c) Outcome Leaders reserves the right to change or remove your account at any time if Outcome Leaders deems you to be in breach of these terms.
4.PASSWORD, SECURITY & LIABILITY
(a) Upon registering for an account, you must provide a valid email address. You must keep your email address up to date so that Outcome Leaders can communicate with you effectively. You are solely responsible for maintaining the confidentiality of your email address and your password used to access your account.
(b) All activities through your account are deemed as having been performed by you. Outcome Leaders disclaims all liability for content posted on the Site and messages sent using your account, including liability arising from any claim by a third party as a result of content posted or messages sent using your account.
(c) You are solely responsible for any charges and liabilities incurred through the use of your account and for any activities conducted through your account.
(d) If you suspect that your login details have been compromised, you must inform Outcome Leaders immediately by email to pjh@Coordinatedcapability.com. You will be responsible for such unauthorized use until you notify Outcome Leaders. You must adopt any steps necessary to prevent any further unauthorized use of your account.
(e) Outcome Leaders may temporarily disable access to your account if you report unauthorized use or if usage of you account significantly exceeds normal usage patterns within a short time period.
5.USE OF SERVICE
(a) You must not use the Service in any of the following ways:
- To impersonate or harass any other person;
- To send any information that is (or the disclosure of which would be) defamatory, offensive, abusive, threatening, false, fraudulent, misleading, pornographic, obscene or otherwise inappropriate or objectionable;
- That misappropriates or infringes any person’s proprietary right (including posting any links or URLs that you do not have the right to post or disclose);
- That violates any person’s rights of privacy or publicity;
- To send messages that contain any sexual, racist or discriminatory content constituting harassment of any individual or organization;
- That violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, anti-discrimination or false advertising laws), and without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside;
- To intercept any communications not intended for you;
- To release, post, distribute or execute any virus or other harmful computer code;
- To upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party; or
- To engage in ‘spamming’, transmission of ‘junk mail’ or ‘chain letters’ or unsolicited mass distribution of e-mail or any similar conduct.
(b) At Outcome Leaders’ discretion and without further notice, Outcome Leaders may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages you send using the Service without delivering them or prevent messages from reaching you.
(c) You may not use the Service in a way that imposes an unreasonable or disproportionately large load (as determined by Outcome Leaders in light of the purposes for which you are using the Service and the load imposed by other users generally) on Outcome Leaders’ infrastructure or that otherwise would harm or breach Outcome Leaders’ arrangements with any of its service providers.
(d) Outcome Leaders may establish general practices and limits concerning use of the Service, including without limitation:
- The maximum number of days that messages or other uploaded content will be retained by the Service;
- The maximum number of messages that may be sent from or received by an account on the Service;
- The maximum size of any message that may be sent from or received by an account on the Service;
- The maximum disk space that will be allotted on Outcome Leaders’ servers on your behalf; and
- The maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
(e) You agree that Outcome Leaders has no responsibility or liability for the deletion or failure to store any messages, other communications or other content maintained or transmitted by the Service. Outcome Leaders reserves the right to log off accounts that are inactive for an extended period of time. Outcome Leaders reserves the right to change its general practices and limits at any time, in its sole discretion.
(f) You are solely responsible and liable for all content (including without limitation pictures, images, words or data) posted on the Site using your account.
(g) Outcome Leaders reserves the right to remove any content or blog which it deems to be in breach of these terms. Opinions expressed on a blog and/or on user forums do not represent Outcome Leaders’ views. They only represent the views of the individual who posted the opinion.
(h) Outcome Leaders does not monitor content posted to the Site. You agree that:
- Outcome Leaders is not responsible for the activity of any user of the Site or the Service;
- You use the Site and content on it at your own risk; and
- You accept that you may be exposed to content which may be reasonably considered to be in breach of these terms.
(i) You agree to notify Outcome Leaders promptly at firstname.lastname@example.org if you become aware of any content on the Site which may be in breach of these terms.
6.SUBSCRIPTION AND CANCELLATION
You may subscribe to Coordinatedcapability.com by paying the prescribed annual subscription. Once you have paid the prescribed fee, you will receive a confirming email at the email address provided, and you will then have access to the sections of the Site reserved for subscribers.
Your annual subscription is determined by your organisation’s annual revenue or number of employees. If the service is to be used outside the subscribing entity, an additional annual fee must be paid.
Payment methods are set out in the Site, and include payment by Paypal or by credit card through the Paypal system. Alternatively, you may request an invoice be sent to you, and access will begin once that invoice has been paid.
Your order may be cancelled at any time up to the point at which you access the subscriber section of the Site, at which point the annual fee is non-refundable. You may cancel your subscription to Coordinatedcapability.com at the end of a subscription year by giving Outcome Leaders written notice of cancellation at least 90 days prior to the end of that year. If such notice is not provided, your subscription will be renewed automatically and the subsequent annual fee will be payable.
7.LICENSE TO USE CONTENT OF THE SITE
Upon payment of the annual fee, you may use the content of the site, including instructional videos, and various tools, guides, applications, models and presentations to assist you in developing and maintaining a Capability Plan.
The continued use of the content is contingent on payment of the annual fee. In the event that the annual fee is not paid, you must cease use of all intellectual property related to Coordinatedcapability.com, including but not limited to any tools, guides, applications, models and presentations downloaded in a period when your annual fee was paid and you had access to the content.
9.INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Service contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that, as a result of use of the Service, you may have access to or receive information or content protected by copyright, trademarks, service marks, patents or other proprietary rights and laws (‘intellectual property rights’). Except as expressly authorized, you agree not to violate the intellectual property rights of Outcome Leaders or any other person.
10.MODIFICATION OF THE SERVICE
(a) Outcome Leaders is dependent on various telecommunications and infrastructure networks for the delivery of the Service. Outcome Leaders may adjust its offering at any time. You will be notified of any such change through publication on the Site or through e-mail describing the change.
(b) Outcome Leaders may, in its discretion, from time to time change, add, or remove certain features of the Service or change these terms by informing you through publication on the Site or through an email describing the changes. Outcome Leaders reserves the right to discontinue the Service altogether for all users at any time at its discretion.
11.NO COPYING OR RESALE OF SERVICE OR INTELLECTUAL PROPERTY
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or intellectual property, use of the Service or intellectual property, or access to the Service or intellectual property without the prior written approval of Outcome Leaders.
Outcome Leaders or third parties may provide links to other world wide web sites or resources. You agree that Outcome Leaders is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Further, Outcome Leaders shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13.DISCLAIMERS AND WARRANTIES
(a) You understand and agree that the Service is provided on an ‘as is’ and ‘as available’ basis. Outcome Leaders and its suppliers make no warranty:
- That the Service will meet your requirements;
- That use of the Service or the Site will be uninterrupted, timely, secure, or error-free;
- As to the results that may be obtained from use of the Service or the accuracy, reliability or timeliness of any information obtained through the Service (including third party content); or
- That any defects in the Service will be corrected.
(b) Outcome Leaders and its suppliers disclaim all warranties of any kind, whether express, implied or statutory, regarding the Service, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement.
(c) You understand and agree that any material or data obtained through use of the Service is at your own discretion and risk and that you will be solely responsible for results obtained using any such material or data and any resulting injury, loss or damage.
(d) Some states or jurisdictions do not allow the exclusion of certain warranties. Therefore, the above exclusions may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.
14.LIMITATIONS ON LIABILITY
(a) Outcome Leaders and its suppliers shall not be liable for any direct, indirect, special, consequential, exemplary, or incidental injury, loss or damage of any nature, including but not limited to business interruption, loss of profits, loss of data, injury to goodwill, use, data or other intangible losses (even if Outcome Leaders has been advised of the possibility of such loss or damage) resulting from use of the Service by you or anyone using your account, including, but not limited to:
- The use of or the inability to use the Service;
- Unauthorized access to or alteration of your account, transmissions or data;
- Statements or conduct of any third party using the Service or on the Site; and
- Any damage or loss of any nature arising from or relating to your use of the Service or use of the Service through your account by anyone else.
(b) Outcome Leaders shall in no event be liable to you or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failure, delay or interruption of the Service generally, the Site, any other Outcome Leaders service and any aspect ancillary thereto.
(c) Outcome Leaders shall in no event be responsible for the security of the data transmissions between Outcome Leaders and you, including but not limited to the transmission of payment information such as credit card numbers. Outcome Leaders expressly disclaims all warranties of any kind, whether expressed or implied, for the security of the data transmission between Outcome Leaders and you.
(d) Outcome Leaders’ total cumulative liability to you and anyone who uses the Service through your account, for any and all claims under any theory of law (including negligence), will not exceed the aggregate amount you paid to Outcome Leaders in the preceding twelve months.
(e) Some states or jurisdictions do not allow the exclusion or limitation of certain types of liability. Therefore the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting Outcome Leaders’ liability beyond what is permissible under applicable law.
15.RELEASE AND INDEMNIFICATION
(a) In the event that you have a dispute with one or more users of the Service or the Site, you release Outcome Leaders and its officers, directors, agents, and employees from all claims, demands, loss and damage (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute and you waive any rights under any state or local law limiting the extent of such release.
(b) You agree to defend, indemnify and hold harmless Outcome Leaders and its officers, directors, agents and employees from and against all claims, demands, actions, liability, loss, cost and expense, including reasonable attorneys’ fees:
- Arising out of or in any way connected with any injury, loss or damage you suffer or incur as a result of your use of the Service or any content on the Site; or
- Made by any third party due to or arising out of your breach of these terms, your violation of any law or the rights of a third party, the content you submit, post or transmit through the Service or your use of the Service.
16.TERMINATION OF ACCOUNT
(a) You may terminate your account in accordance with Clause 6 by contacting Outcome Leaders’ customer service at pjh@Coordinatedcapability.com. Notifying Outcome Leaders in any other way of your desire to terminate your account may result in delay in processing your request.
(b) Outcome Leaders, in its sole discretion, may immediately suspend or terminate account (or any part thereof) or your use of the Service, for any reason, including, without limitation, for lack of use or if Outcome Leaders believes that you have violated or acted inconsistently with these terms.
(c) Outcome Leaders reserves the right to terminate your account for any other reason, provided Outcome Leaders gives you at least ten (10) days advance notice at the most recent email address you have provided.
(d) Upon any such termination of your account, you agree that Outcome Leaders may immediately deactivate or delete your account and all related information and files in your