Terms and Conditions

The following terms and conditions govern the use of the Best Practice Improvement Resource (the “BPIR.com Online Services”) and the materials available therein (“Materials”), which can be accessed through the web-site (“BPIR.com”). Although this one website is specifically responsible for making these services available, this does not exclude other web-site names under which the BPIR.com Online Services may appear. Access to the BPIR.com Online Services via any other such website is also governed by these terms and conditions.

The Terms and Conditions apply to all members of the BPIR.com, therefore to all individuals that have been provided access to the BPIR.com’s membership services through the purchase of an Individual, Organisation or Community membership.

BPIR.com Limited is the owner of the Best Practice Improvement Resource.

1. LICENCE

1.1 Subject to the terms of this agreement, BPIR.com Limited hereby grants you a non-exclusive, non-transferable, limited licence to have access to the BPIR Online Services and Materials.

This licence includes:
(a) The right to download Materials retrieved from the BPIR Online Services for your personal use
(b) The right to obtain a printout of Materials retrieved from the BPIR Online Services for your personal use.

1.2 Only if your organisation has purchased an organisation-wide licence do you have the right to download Materials and share them electronically or in print with colleagues from your organisation. Materials cannot be shared with other organisations without written permission of BPIR.com Limited.

1.3 Except as specifically provided in Sections 1.1 and 1.2, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, altering, recompiling, reselling, republishing, or using Materials retrieved from the BPIR Online Services without written permission of BPIR.com Limited.

1.4 Downloading of all or parts of the Materials in a systematic or regular manner to create a collection of Materials to avoid paying the BPIR membership fee is strictly prohibited.

1.5 All rights, title, and interest (including all copyrights and other intellectual property rights) in the BPIR Online Services and Materials (in both print and machine-readable forms) belong to BPIR.com Limited or its third-party suppliers of materials. Content from individual providers or licensors may have conditions of use applicable solely to their materials. Such special conditions will be displayed on the materials or on the computer screen by the content. These special conditions shall not alter your use of the rest of the Materials.

1.6 Except as specifically provided herein, you may not use the BPIR Online Services or Materials retrieved from the BPIR Online Services in any fashion that infringes the copyrights or proprietary interests therein.

1.7 You may not remove or obscure the copyright notice or other notices contained in Materials retrieved from the BPIR Online Services.

1.8 Other provisions that govern your use of Materials are set forth in your joining instructions, online notices concerning specific content, and individual documents retrieved from the BPIR Online Services, all of which are incorporated by reference into these General Terms and Conditions.

2. ACCESS TO SERVICES

2.1 Individuals are authorized to have password access to the membership area of the BPIR.com if they have met one of the following conditions:

purchased an Individual Membership
been given access to the BPIR.com by a colleague from the same organisation who has purchased an Organisation Membership. An organisation is defined as an entity that is financially and operationally independent (this may include, subsidiaries, business units or divisions that are operating independently from a parent company).
been given access by an organisation that has purchased a Community Membership and the individual is part of the Community that is covered by the Community Membership licence agreement.

2.2 Membership passwords are not to be shared. Each password represents access permission for one named individual only.

2.3 For Organisation and Community Memberships individuals can be assigned to give out passwords to other individuals. For Organisation Memberships it is strictly prohibited for passwords to be given to individuals that are not employees of the same organisation. For Community Memberships it is strictly prohibited for passwords to be given to individuals that are not part of the Community that is covered by the Community Membership licence agreement. If it is found by BPIR.com Limited that passwords are being given to individuals that fall outside these groups, and there is no satisfactory explanation for this, it is in BPIR.com Limited’s rights to immediately cancel BPIR.com membership to the organisation or community and retain any payment of fees for the membership. If there has been substantial abuse of the membership system with many passwords given to ineligible individuals, BPIR.com Limited will prosecute and seek damages for any business lost.

2.4 Members must abide to the Benchmarking Code of Conduct in all interactions with other BPIR.com members. Adherence to this Code will contribute to efficient, effective and ethical benchmarking.

2.5 Materials and features may be added or withdrawn from the BPIR Online Services or otherwise changed without prior notice.

3. LIMITED WARRANTY

3.1 BPIR.com Limited of the BPIR Online Services represents and warrants that it has the right and authority to make the BPIR Online Services and Materials available pursuant to these General Terms and Conditions.

3.2 Except as otherwise provided in section 3.1, the BPIR online services and materials are provided on an “As is”, “As available” basis and BPIR.com Limited of the BPIR online services or its third party suppliers of materials expressly disclaim all warranties, regarding the accuracy, completeness or timeliness of the licenses materials including the warranties of merchantability and fitness for a particular purpose and shall not be liable for damages of any kind or lost profits or other claims related to the licensed materials including the warranties of merchantability and fitness for a particular purpose and shall not be liable for damages of any kind or lost profits or other claims related to the licensed materials of their use. While the BPIR online services documents have been obtained from sources believed to be reliable, its accuracy is not guaranteed.

4. LIMITATION OF LIABILITY

4.1 BPIR.com Limited, including its affiliates, and any officer, director, employee, subcontractor, agent, successor, or its affiliates and each third party supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assignee of any third party supplier of Materials or any of their affiliates, (collectively “BPIR.com Limited”) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:

(a) any errors in or omissions from the BPIR Online Services or any Materials available or not included therein;

(b) the unavailability or interruption of the BPIR Online Services or any features thereof or any Materials;

(c) your use of the BPIR Online Services or Materials (regardless of whether you received any assistance from BPIR.com Limited in using the BPIR Online Services);

(d) your use of any equipment in connection with the BPIR Online Services;

(e) the content of Materials; or

(f) any delay or failure in performance beyond the reasonable control of BPIR.com Limited.

4.2 The maximum liability of BPIR.com Limited (including licensors) if any under this agreement in connection with any claim arising out of or relating to the BPIR online services or materials for direct damages, whether in contract, tort or otherwise, shall be limited to the total amount of fees received by BPIR.com Limited from you hereunder up to the time the cause of action giving rise to such liability occurred. Your right to monetary damages in that amount shall be in lieu of all other remedies which you may have against BPIR.com Limited.

4.3 In no event BPIR.com Limited (including licensors) shall be liable for any special, indirect, incidental, consequential or punitive damages of any kind whatsoever (including, without limitation, Attorney’s fees) in any way due to, resulting from, or arising in connection with the BPIR online services, materials, or the failure of any covered party to perform its obligations, regardless of any negligence of BPIR.com Limited.

5. MISCELLANEOUS

5.1 These General Terms and Conditions may be changed from time to time as described below or by written agreement. All other provisions may be changed by BPIR.com Limited at any time upon notice to the BPIR.com’s members. Your membership of access to the BPIR Online Services may be terminated immediately by BPIR.com Limited if any change is unacceptable. Continued use of the BPIR Online Services following any change constitutes acceptance of the change.

5.2 Except as otherwise provided herein, all notices and other communications hereunder shall be undertaken electronically. Notices shall be deemed to have been properly given on the date displayed on the electronic communication; or on the date received, if delivered in any other manner. Notices to BPIR.com Limited of the BPIR Online Services should be sent to
Dr Robin Mann, Co-Founder, BPIR.com Limited and Centre for Organisational Excellence Research, Robin@bpir.com or r.s.mann@massey.ac.nz.

5.3 The failure of BPIR.com Limited of the BPIR Online Services to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

5.4 The subscribing organization or individual may not assign its rights or delegate its duties under its membership to access the BPIR Online Services without the prior written consent of BPIR.com Limited.

5.5 You shall be responsible for any taxes on sales, use, local taxes, and/or import duties imposed on the BPIR Materials.

5.6 For the avoidance of doubt, BPIR.com Limited shall be deemed in default of this agreement for any failure or delay or interruption in the BPIR Online Services or any failure of any equipment or telecommunications resulting from any cause or circumstance beyond the reasonable control of BPIR.com Limited.

5.7 These General Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand.

5.8 This agreement shall be effective on the first date on which the BPIR Online Services are provided to you.

5.9 BPIR.com Limited, provider of the BPIR Online Services, reserves the right to refuse membership applications which, at its own discretion, it considers contrary to the best interests or values of BPIR.com’s operations. In the case of a decision on this being made retrospectively, the member’s access will be cancelled and fees paid will be refunded.