Business Assessment

[ Finding the potential in every business ]


TERMS OF USE

1. ACCEPTANCE AND AMENDMENT

1.1 Acceptance of Terms: These Terms apply to your use of the Assessment and this Website. By ticking the "I have read, and agree to accept, the terms and conditions of use" box below:

  1. you accept these Terms; and
  2. if you are an authorised representative of another person (including, to avoid doubt and without limitation, a company), you confirm that you have the authority to bind the other person and do in fact bind the other person to these Terms.

If you do not accept these Terms you must immediately stop using this Website and the Assessment.

1.2 Amendment of Terms: CapabilityNZ may amend these Terms at any time, including the introduction of a nominal fee for use of the Assessment, by updating them on this Website. All amendments will be effective immediately upon an update being made. You are responsible for ensuring that you are familiar with the latest Terms. By continuing to use this Website following such an update, you agree to be bound by the amended Terms.

Terms were last updated on 22nd February 2010.

2. DEFINITIONS

2.1 Definitions: In these Terms:

Term Meaning
Assessment The object code version of the composite application created using ClassApps, Net 2.0 and SQL Service 2005 technologies, and includes the Base Functionality, and any development, adaptation, customisation of, or modification to, that composite application.
Base Functionality The functionality provided by the Assessment, including:
  1. login based user accounts;
  2. database access;
  3. storing of information;
  4. a common area for sharing of information.
End-User Data Data held, used or created by or using the Assessment.
CapabilityNZ (or we, us or our) NZ Business Capability Society
Terms These terms and conditions titled Terms of Use.
Update An update of the Assessment comprising minor modifications to the Assessment to correct minor faults and defects, or to effect minor enhancements to the functionality of the Assessment and which is made available via the Website. Upgrade A new version of the Assessment that introduces material new functionality to the previous version and which is made available via the Website.
Website Any website through which the Assessment is offered.
you or your You.
3. AUTHORISATION

3.1 Authorisation: CapabilityNZ authorises you, on a non-exclusive and non-transferable basis, to access and use the Website and the Assessment.

3.2 Security of user name and password: The Website and Assessment are made available on an individual user basis via the provision of individual user names and passwords. You are responsible for keeping your user name and password secure. In particular, you agree:

  1. not to permit any other person to use your assigned user name and password;
  2. not to disclose, or provide to any other person, your assigned user name and password; and
  3. to notify CapabilityNZ immediately upon you becoming aware of disclosure of your user name and password to a third party.
4. ACCESS

4.1 Restrictions: Except to the extent expressly permitted by these Terms, you must:

  1. not use the Assessment other than for proper purposes related to:
    1. the recording of business capability data;
    2. the sharing of business capability data with authorised parties;
    3. the recording of feedback on the capability of individual businesses;
    4. identifying opportunities for the development of the capability of individual businesses; and
    5. comparing the performance of a business against similar businesses throughout New Zealand.
  2. not reproduce, translate, reverse engineer, adapt, vary or modify the Assessment or source code nor communicate the same to any person nor directly or indirectly allow or cause a third party to do so;
  3. not merge all or any part of the Assessment or source code with any other software or source code without the written consent of CapabilityNZ;
  4. not transfer, assign or otherwise deal in or grant a security interest in the Assessment or Source Code or your rights under these Terms;
  5. maintain all proprietary and other notices on the Assessment and not remove the same;
  6. notify CapabilityNZ if you have knowledge of the existence of any circumstance which may suggest that a person may have unauthorised knowledge, possession or use of the Assessment or source code; and
  7. not cause or permit anything which may damage or endanger the Assessment or the Website, or assist or allow others to do so.

4.2 Protection: You must ensure that the Assessment and the source code is protected at all times from misuse, damage, destruction or any form of unauthorised use or copying, including by procuring your personnel (if any) to comply with these Terms.

4.3 Restrictions on End-User Data: Any collection, storage and use of data received as a result of your use of the Assessment or this Website must comply with all laws and you must ensure that sensitive business information is kept confidential.

5. UPDATES AND UPGRADES

5.1 From time to time, CapabilityNZ (in its sole discretion) may make Updates and/or Upgrades available.

5.2 By using any Upgrade and/or Update you agree that the Upgrade and/or Update forms part of the Assessment and is subject to these Terms.

6. YOUR RESPONSIBILITIES

6.1 Information: You warrant that any and all information, feedback and comments provided by you to the Website, CapabilityNZ or via your use of the Assessment is true, complete and accurate.

6.2 Use of Website: You agree not to act in a way, or use, or attempt to damage, interfere with or introduce anything (including, without limit, any virus, robot, spider, scraper or other automated means to access this Website or feature on it for any purpose) that in any way compromises the Assessment or the Website or any network or system underlying or connected to the Assessment or the Website.

6.3 Access: Without limiting any other rights and remedies available to CapabilityNZ, CapabilityNZ may, at its sole discretion and without notice, limit your activities on the Website, issue a warning to you, suspend or terminate your ability to access the Website, or refuse to provide the Assessment to you if you breach these Terms, or if CapabilityNZ considers it appropriate for any reason whatsoever. CapabilityNZ may, at any time, demand that you deliver to CapabilityNZ all copies of the Assessment and the source code in whatever form possessed by you.

6.4 Indemnity: You fully indemnify CapabilityNZ against all claims, loss, damages, liabilities and costs (including legal costs on a solicitor and own client basis) suffered or incurred by it as a direct or indirect result of your failure to comply with these Terms, your use (or the use by any person authorised by you) of the Website or your use (or the use by any person authorised by you) of the Assessment.

7. PRIVACY

7.1 Personal information: We will only use personal information in a manner that is consistent with the reason for which the information was provided. This includes using your personal information to:

  1. contact you for administrative or other purposes relating to your use of the Website and/or the Assessment; and
  2. facilitate the provision of feedback from users authorised by you in accordance with clause 7.3b.

7.2 Cookies: CapabilityNZ also collects personal information through the use of cookies, in order to maintain the users logged on state throughout the execution of the survey framework. Cookies are alphanumeric identifiers, which CapabilityNZ transfers to your computers hard drive to enable our systems to recognise when you are logged on.

7.3 Authorising other users:

  1. Subject to paragraph b below, all information, feedback and comments provided by you via your use of the Assessment that can be accessed by others will appear as anonymous, standardised data.
  2. You may authorise other users to access, and provide feedback and comments on, the full data that allows users to identify you or any users authorised by you, provided that CapabilityNZ shall not be liable for any damage, loss, claim or expense suffered as a result of the information, feedback, and comments provided by you or any of the users authorised by you being accessed by other such authorised users.
8. DISCLAIMERS

8.1 Website Content: Although the information provided in this Website and via the Assessment is presented in good faith and believed to be correct as at the date it was submitted, to the extent permitted by law CapabilityNZ makes no warranties or representations about the accuracy or completeness of the Assessment, the Website, their content or the content of any website linked to or from this Website, nor does CapabilityNZ undertake to keep the Assessment or the Website updated and current. To the extent permitted by law, we will not be liable for any damage, loss, claim or expense suffered as a result of the information on the Assessment or this Website or any linked site not being accurate or updated.

8.2 Website Integrity: CapabilityNZ will use reasonable endeavours to ensure the availability of the Website and the Assessment, subject to any downtime required for maintenance. However, CapabilityNZ takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Website or the Assessment being unavailable. Further, CapabilityNZ assumes no responsibility for the corruption of any data or information held by CapabilityNZ.

8.3 No Implied Warranties: The Assessment is provided on an "as is where is" basis and CapabilityNZ’s warranties are limited to those set out in these Terms and all implied warranties and conditions are excluded. Without limit, CapabilityNZ makes no warranties as to fitness for purpose or that the operation of the Assessment will be uninterrupted or error free. To avoid doubt, you agree that you are not a "consumer" as that term is defined in the Consumer Guarantees Act 1993, for the purposes of that Act.

8.4 Website Access: CapabilityNZ makes no representation or warranty that the material in this Website is appropriate or available for use in all countries or that such material satisfies the laws of all countries. If you choose to access this Website, you do so of your own initiative. You are responsible for ensuring that your access to this Website is not illegal or prohibited and for your own compliance with applicable local laws.

8.5 Website Security: You must take your own steps to ensure that the process which you employ for accessing this Website or using the Assessment does not expose you to the risk of viruses or other forms of interference which may damage your computer system or expose you to credit card fraud. CapabilityNZ does not accept responsibility for any loss or damage arising out of or relating to your use of the Assessment, this Website or any linked site. Any information which you transmit to us is transmitted through a secure internet system. All reasonable steps to ensure that this information is secure have been taken but CapabilityNZ cannot warrant all information will be secure at all times.

8.6 Links: The inclusion in this Website of links to other sites does not imply any endorsement, approval or recommendation of, or responsibility for the contents, operations, products or operators of those sites. No responsibility can or will be taken by CapabilityNZ for any damage or harm arising in any manner out of the inclusion of such links.

9. LIABILITY

9.1 Exclusion of liability: To the extent permitted by law, CapabilityNZ excludes any and all liability and responsibility CapabilityNZ may have to you or any other person under or in connection with these Terms or in connection with the Assessment, the Website, any information downloaded from the Assessment or the Website, or your inability to use or access the Assessment or the Website. This exclusion applies regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.

9.2 Direct liability: CapabilityNZ is not liable for any loss of profit, loss or revenue, loss of data or other indirect, consequential or incidental loss or damage arising under or in connection with the Assessment, the Website, any information downloaded from the Assessment or the Website, or your inability to use or access the Assessment or the Website.

9.3 Maximum liability: To the maximum extent permitted by law and only to the extent clauses 9.1 and 9.2 do not apply, CapabilityNZ’s total liability to you under or in connection with these Terms, or in connection with the Assessment, the Website, any information downloaded from the Assessment or the Website, or your inability to use or access the Assessment or the Website shall not exceed $500.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 Software: CapabilityNZ owns all proprietary and intellectual property rights in the Assessment, the source code, and the stylised "Business Capability Partnership" trade mark.

10.2 Development: The proprietary and intellectual property rights in any development, adaptation or customisation of, or modification to, the Assessment or the source code by you vest in CapabilityNZ from the date those rights arise. To the extent that you undertake developments or other work in respect of the Assessment or the source code, you must provide CapabilityNZ with current versions of the Assessment and source code, on such media and in such format as is reasonably specified by CapabilityNZ.

10.3 Website: CapabilityNZ owns exclusively all proprietary and intellectual property rights in the Website (including all text, graphics, logos, icons, sound recordings and its ‘look and feel’).

10.4 End-User Data: All proprietary and intellectual property rights in the End-User Data are owned by CapabilityNZ from the date those rights arise, provided that CapabilityNZ may not sell, transfer or otherwise deal with the End-User data unless we have your prior written consent.

11. GENERAL PROVISIONS

11.1 Communications: If CapabilityNZ needs to contact you, we may do this by email. You agree that this satisfies all legal requirements in relation to written communications.

11.2 No Waiver: If we do not exercise or enforce any rights available to us under these Terms, it does not constitute a waiver of those rights.

11.3 Illegality: If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms will be binding on you.

11.4 Jurisdiction: These Terms are governed by and construed in accordance with the laws of New Zealand and are subject to the non-exclusive jurisdiction of the New Zealand courts.

Privacy Statement

Any information that may be collected about you will not be disclosed to any other person in a form that will identify you except in the following circumstances:

  1. Where you have consented to such disclosure
  2. Where such disclosure is required or permitted by the Privacy Act 1993 or otherwise required or permitted by law.

Please note: Personal and business information regarding users of this site and overall repsonses may be collected for broad, comparative statistical purposes, however no such statistical information will be explicitly linked to any individual or organisation without the expressed consent of that individual or organisation as per the above content clause.

If you have any queries regarding privacy issues, please contact the Office of the Privacy Commissioner:

Privacy Commissioner Contact Details
Postal PO Box 10-094
Wellington
New Zealand
Overseas Phone +64 4 474 7590
Auckland Enquiries Line +64 9 302 8680
Outside Auckland Enquiries Line 0800 803 909
Facsimile +64 4 474 7595
Email Privacy Commissioner