Welcome to www.orgcmf.com “OrgCMF” (the "Services"), a software platform for Organisation Capability Maturity “OrgCMF” software (collectively: "the Services"). The Services are owned and operated by Organisation Development Tools Institute Ltd., Ireland Number 634861 ("ODTI Ltd.").
A User: Any single identifiable person who has accessed www.orgcmf.com, and/or created an account, excluding staff of ODTI’s Ltd. operating on the system in the normal course of their day to day employment duties.
An Individual: The term used to describe an individual user, who has accessed, registered and or subscribed A Subscriber: Any user who has paid a fee to use the services on the platform.
OrgCMF (OrgCMF): Provide the software platform, information and services.
When using the Services, you agree to: (i) abide by all applicable local and international laws, regulations and rules; (ii) take full account for all acts or omissions associated with your access and use of the Services and the access and use of the Services by anyone on your behalf; (iii) comply with any instructions and technical specifications provided by ODTI Ltd., to enable the proper functionality of the Services, including by not altering or modifying any computer code provided to you: (iv) communicate your requests, queries and other submissions with respect to your use of the Services, only to ODTI Ltd.; (v) refrain from interfering with, circumventing, manipulating, or disrupting the operation, or the functionality of the Services, and (vi) avoid transferring your account details to any other person without ODTI Ltd.’s explicit prior written consent.
When using the Services, you agree to refrain from wilfully, or carelessly:
ODTI Ltd. encourages free speech and open discussion on the Services. However, you may not upload, disseminate, transmit, make available, distribute or otherwise communicate through, or to the Services, or through or to any of the services including therein, content which may reasonably be deemed as:
ODTI Ltd. may review the content on the Services and delete the content or any part thereof, remove it, block access to it, or refuse to upload it on the Services, for any reason that may be considered by ODTI Ltd. to be justified, including:
ODTI Ltd. encourages you to treat content available on the Internet, including any content made available by others on the Services with caution and discretion. Such content is not made available on ODTI Ltd.’s behalf and ODTI Ltd. cannot guarantee its accuracy, credibility, authenticity, validity, integrity or legality.
ODTI Ltd. does not warrant or guarantee that any content that you wish to upload on “OrgCMF” will be uploaded that it will be made available indefinitely.
ODTI Ltd. may also delete or block access to content after a certain period of time from initial uploading. Consequently, you may not find content that you or any other user previously uploaded on the Services.
The Services serve all Internet users. However, certain services may be available to registered users only.
BY REGISTERING YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
When you register with the Services, you will be asked to provide certain contact and personal details. Bear in mind that false, incorrect, or out-dated information may prevent you from registering and impair the ability to provide you with services on the Services and to contact you. ODTI Ltd. will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Services.
To login, you must use your personal code (such as: email address and password). Alternatively, ODTI Ltd. may provide you with a password for accessing your account and may from time to time establish and require additional or different means of identification and authentication for logging in and accessing your account, or for accessing certain Services.
You agree to maintain your access code in absolute confidentiality and refrain from disclosing it to others. Make sure that you change your password frequently and at least once every six months.
You are fully accountable for any outcome that may result from your failure to provide complete details in the course of the registration process, from your failure to keep your account details in confidence, and for any use or misuse of your account as a result of conveying your details to someone else.
You may terminate your account at any time, by using the designated termination form ODTI Ltd. may require you to verify your termination notice by sending an additional termination request message, either by e-mail or through any other means, as a prerequisite for termination of your account. Your account will terminate 10 days following your notification, and from that date of termination you will no longer be able to access your account.
Registration with the Services is free of charge. However, ODTI Ltd. may opt to charge registration fees in the future, following a notice on “OrgCMF” homepage, or on other locations at ODTI Ltd.’s discretion. ODTI Ltd. is under no obligation to notify you in person of any change in the registration policy. If you fail to settle your registration fees then your account on will be terminated.
Notwithstanding any remedies that may be available under any applicable law, ODTI Ltd. may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Services, remove content that you have made available on the Services and take technical and legal steps to keep you off the Services, if ODTI Ltd. believes that:
In the normal course of the business life cycle ODTI Ltd. may enter into supplier and partner agreements for the provision of IPR, Products, Services & Support to enable the OrgCMF platform services.
The Services may include links to content on other web sites and online services. ODTI Ltd. does not operate, or monitor these websites and services. You may find them or the information and content included therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or service, ODTI Ltd. does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. ODTI Ltd. assumes no responsibility or liability for such third-party websites or services, or for their availability.
The Services may include paid advertisements, sponsored links and commercial information (the "advertisements"). By clicking the advertisements, you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. ODTI Ltd. is not responsible for any of the advertisers' practices including their privacy practices, or for the content of their websites, information, messages or offers.
ODTI Ltd. respects the intellectual property rights of others. Any requests to remove copyright infringing content from the Services, or counter requests to re-post content, on grounds of mistake or misidentification of the content, will be made in accordance with the Copyright Policy.
All rights, title and interest in and to the Services (except for users generated content), including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to ODTI Ltd.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Services, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including electronic, mechanical or optical means, other than expressly permitted in the Terms.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of ODTI Ltd.’s trademarks, service marks and logos.
You must avoid any action or omission which may dilute, or tarnish ODTI Ltd.’s goodwill.
You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the content. You agree to retain and avoid distorting such signs and notices in any copy thereof.
ODTI Ltd. does not claim ownership over content, such as text, images, music files and videos that you upload to the Services. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to use and make such content available on the Services, in accordance with the Terms.
By uploading content, including videos, images, sounds, text, data, ideas, concepts, know-how, or techniques on the Services, including any and all communications that you make with other users on or through the Services, you grant ODTI Ltd. a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license to make any and all uses of the content, including to copy, distribute, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, sub-license, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with or incorporate into other content, modify and create derivative works on the Services, and in other communication and information networks, platforms, applications and services.
You further waive all rights of attribution with respect to the use of your content.
By uploading your ideas to the Services, you allow every user to use these ideas and benefit from them, in any available and legal way.
ODTI Ltd. may from time to time change the Services' layout, design or display, as well as the scope and availability of the content and services therein, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that ODTI Ltd. does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
The availability and functionality of the Services depend on various factors and elements, including software, hardware and communication networks, partially provided by third parties. These factors are not fault free, and ODTI Ltd. does not warrant otherwise.
ODTI Ltd. may at all times, in its sole discretion, terminate the operation of the Services, or any part thereof, temporarily or permanently. ODTI Ltd. may not give any notice prior to the termination of the Services. At any time, content on the Services, may be blocked, removed or deleted without maintaining any backup copy.
You agree and acknowledge that ODTI Ltd. does not assume any responsibility with respect to, or in connection with the termination of the Services' operations and loss of any data as a result.
ODTI Ltd. may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 7 days after an initial notification was posted on the Services’ homepage or any other relevant web pages on the Services, was posted. Other changes will take effect immediately after their initial posting on the Services, unless the Terms are amended to comply with legal requirements, where in such cases the amendments will become effective as required, or ordered.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of the Services.
ODTI Ltd. advises you to periodically read the Terms, as they may change from time to time.
DISCLAIMER OF WARRANTY
THE SERVICES ARE PROVIDED FOR USE WITH ALL FAULTS, "AS IS" AND "AS AVAILABLE". ODTI LTD. DISCLAIMS ALL WARRANTIES AND REPRESANTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. ODTI LTD. DOES NOT WARRANT THAT THE SERVICES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFULL COMPONENTS, OR ERROR, OR THAT THE SERVICES WILL BE IMMUNE FROM UNAUTHORIZED ACCESS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
ODTI LTD., INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT AND STRICT LIABILITY, THAT RESULT FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICES, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT OR ERROR MADE BY ODTI LTD.'S GROUP'S STAFF, OR FROM YOUR RELIANCE ON UPLOADED CONTENT ON THE SERVICES, OR FROM ANY COMMUNICATION WITH THE SERVICES, OR WITH ODTI LTD.'S GROUP, OR WITH OTHER USERS ON OR THROUGH THE SERVICES, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT ON THE SERVICES, REGARDLESS OF WHETHER ODTI LTD.'S GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS, IF APPLICABLE AND SUBJECT TO ODTI LTD.'S SOLE DISCRETION.
AS A USER REGISTERED OR UN REGISTERED YOU ACKNOWLEDGE THAT ODTI LTD HAS NO LIABILITY IN CONNECTION WITH ANY OR ALL TRANSACTIONS BETWEEN USERS.
In the event of a disagreement between you and ODTI Ltd.
You agree to indemnify, defend and indemnify, defend and hold harmless, ODTI Ltd., at your own expense and immediately after receiving a written notice, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Services, the content that you have posted or made available on the Services, any communications that you conveyed through the Services, or your breach of the Terms, or any other terms, rules or regulations applicable to the use of the Services.
Except as provided for in the Copyright Policy., the Terms and your use of the Services will be governed by and construed in accordance with the laws of IRELAND. You agree to resolve any dispute or claim that you may have against ODTI Ltd.’s group and to submit to personal jurisdiction in the exclusive jurisdiction of Ireland
ODTI Ltd. may contact you and send you notice via e-mail, regular mail, Short Message Services ('SMS'), fax messages and postings on the Services. You may contact ODTI Ltd.’s customer relations, by using the 'contact us' form on “OrgCMF”, or by using the contact details hereunder. ODTI Ltd. reserves the right to publish in public – including on the Services - any communications with you, as long as your personal details will not be made public without your prior consent. All communications will be deemed as received after one business day.
ODTI Ltd.’s contact details:
Organisation Development Tools Institute Ltd. Post Code K32 XH66, Dublin, Ireland +353 876999010 firstname.lastname@example.org
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by ODTI Ltd., or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by ODTI Ltd.’s authorized representative.
Failure on ODTI Ltd.’s part to demand performance of any provision in the Terms will not constitute a waiver of any of ODTI Ltd.’s rights under the Terms.
The United Nations Convention on Contracts for the international Sale of Goods will not govern the Terms.
ODTI Ltd. may incorporate the ownership or management of the Services as a separate corporation, or transfer ownership rights and title in the Services, to a third party, provided that your rights according to the Terms are not harmed by the transfer of rights. In that case, a copy of the details and information pertaining to you will be transferred to the corporation receiving the rights in the Services and you hereby give your prior consent thereto.
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without ODTI Ltd.’s prior explicit consent in writing.
The section headings in the Terms are included for convenience only and will take no part in the interpretation, or construing of the Terms.
"including", whether capitalized or not, means without limitation.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, will survive the termination, or expiration of the Terms.