Terms and Conditions of Use

In this Agreement, 'We' are The Business Excellence Institute ("the Institute").

The Membership Platform ("the Platform") is a website for members and a body of services which we provide through that site.

'You' are a member of The Business Excellence Institute or an applicant for membership.

By using the Platform and its services you agree to be bound by this Agreement. We may alter this Agreement from time to time. When we do, we will notify members.

PART 1 - Overview

Each member will have an account for the Platform, through which data may be displayed and gathered, with various options as to what may be done from time to time. Each member may contact other members but only when authorised to do so by those other members. In general, data posted on the Platform may be used for personal purposes or for the business purposes of the members; but members may not gather or use data from the Platform in an automated manner, or, without our permission, gather or use data from the Platform in any other manner not expressly authorised by this Agreement.

This Agreement is to be interpreted as a reasonable person would understand it. Neither we nor you will seek to take advantage of any unclear or ambiguous provision to justify any action which a reasonable person would not consider to be within its scope.

If you cease to be a member of the Institute, your access to the Platform will be cancelled and your profile will be removed.

PART 2 - What You Promise

1. Compliance

You will comply with this Agreement.

2. Identity

You will provide your real name and contact details. You will not use an alias or pseudonym.

Should you opt to add a photograph to your member profile, you will only post a recent (taken not more than 5 years ago), clear, identifiable photo.

3. Fair Use

When you use the Platform, you will do so in a fair and reasonable manner.

You will not download any data from the Platform for any purpose other than a purpose which the person who posted it may reasonably be assumed to have intended.

You will ensure that anything you post is polite and respectful of others.

You will not send marketing messages to any person unless they have agreed to receive those messages.

You will not do anything which might interfere with the proper functioning of the Platform.

4. What you May Not Post

You will not post or upload to the Platform anything which:

  • is untrue or incorrect;
  • is misleading;
  • someone else has copyright, a trademark, a design right, or any other proprietary right over, unless you have the owner's permission and acknowledge that ownership;
  • is defamatory; (by this we mean any material which is not fair comment and which would be likely to lower the person to whom it relates in the eyes of right thinking people.)
  • is lewd, obscene, indecent, pornographic, offensive, rude, insulting or derogatory;
  • is unlawful under the laws of Ireland or the European Union, or of the place where the data was uploaded;
  • is a business secret or is confidential, unless you have first obtained the consent of the owner or person entitled to that business secret or confidential information;
  • would be likely to harass, bully, abuse, or harm any other person;
  • amounts to or promotes progressive customer acquisition, chain distribution, pyramid selling, or multilevel selling;
  • is spam, or is like spam;
  • contains a virus, trojan horse, or any malware, hidden application or routine;
  • interferes with the operation of the Platform;
  • would be likely to cause annoyance or nuisance; or
  • which we otherwise deem to be unacceptable.

When you post something, we take it that you confirm your post complies with this condition.

5. Use of Data

You will not copy any data from the Platform, except data which was posted for the purpose of being copied. You will not copy any part of the Platform. You will not use any layout, code, script or anything else from the Platform in any other website or application. You will not decompile or reverse engineer any part of the Platform. You will not create any website or service based on or derived from the Platform.

You will not supply any data you obtain from the Platform to a third party. You will not collect data from the Platform for use by a third party.

You may, however, use any data you obtain from the Platform for your own purposes or the purposes of an organisation of which you are a director or employee.

You may only use data you obtain from the Platform in a manner which the member who uploaded it might reasonably have expected it would be used.

Where you use any data posted by another member, you will identify the member by name.

With the exception of data collected using the Platform's survey tools you will not place any data from the Platform in a database, or use the Platform as a basis for a database.

You will not use any mechanism, software or scripts when using the Platform. You will not block any Platform content. You will not overwrite or modify any Platform content unless it is your own content or where you are authorised to do so. You will not use "robot/crawler" search or "framing" methods or anything similar.

6. Authorisation to Hold and Process Data

You authorise us to hold and process your data, and to display any data you have posted to the Platform, and you will not seek to hold us liable for any loss, damage or inconvenience you may suffer if some other person uses it in any way.

You authorise other members of the Platform to download data which you have posted to the Platform for that purpose, and to share that data with others in a reasonable manner, subject to compliance with the restrictions on use of data above.

You authorise us to contact you by email for time to time and you authorise other Members to contact you as and how you enable in your Privacy and Communication Settings.

To enable us to provide Services to you without requiring you repeatedly to enter your login information, you authorise us to save session cookies on your computer. Should you opt to automate your login, you authorise us to save a cookie with part of your login data in encrypted form on your computer.

7. Liability

You will not seek to hold us liable for any loss, damage or inconvenience you may suffer if the Platform is not available or is corrupted or corrupts any of your computer hardware or data, or if any data you have provided to us in confidence is improperly accessed and used by any other person.

You acknowledge that services provided over the internet may be interrupted from time to time. You will not seek to hold us liable for any unavailability of the Platform's services, whether the reasons for that unavailability were within our control or not.

You will be liable for anything posted on or from your account, whether by you or by anyone else accessing your account with or without your permission.

You will indemnify us for any liability incurred by us as a result of your misuse of the Platform. By this we mean any use of the Platform's services which may result in any liability to third parties. Your indemnity will cover any legal fees and any other expenses which we incur as a result of any claim made arising out of the use by you of the Platform's services.

You will compensate us for any loss we suffer as a result of any breach by you of this Agreement.

You will not seek to hold us liable if any other member makes use of data obtained through the Platform's services for any unauthorised purposes.

When you communicate with other members through the Platform we will not be a party to those communications, and will have no responsibility for them, and you will not seek to hold us liable for any loss or damage you may suffer through those communications.

You will not seek to hold us liable for any loss, damage or inconvenience you may suffer as a result of any information provided by any Member.

8. Groups

When you set up a group, you have certain rights in the administration of:

  • group membership - including determining who may be a member
  • the group's message boards
  • who may post messages
  • deletion of messages

(You will not have exclusive right of administration. We may also control postings, delete messages and remove or restrict groups.)

You may join a group set up by another person, provided you accept that person's right to administer the group.

9. Confidentiality and Security

You will keep your password confidential. You will notify us within 24 hours of any breach of the security of your account. If the security of your account has been breached, you will review all postings from your account since the breach, and remove any postings which were not made by you.

You will not use another member's account, except where the account is the account of an organisation of which you are a director or an employee and the organisation has authorised you to do so.

You will allow any member to use any data you post on the Platform if that member has access to it, but you may restrict its use within the text of the posting.

If a member has expressly restricted the way in which any data posted by that member may be used, you will not use the data in the restricted manner.

10. Assignment

You will not assign your interest in this Agreement to any other person, or allow any other person to use your account.

11. Acceptance

You will accept the limitations on what we promise, and the stipulations of what we do not promise, as set out below.

You accept that this Agreement as well as being an Agreement between us and you, also constitutes an Agreement between you and all the other members with whom you have dealings through the Platform.

PART 3 - What We Promise

12. Best Efforts

When you have agreed to this Agreement and are a fully paid up member in good standing, we will make the Platform and its service available to you bound by these terms and conditions as consistently and regularly as we are able to.

13. Confidential Data

We will treat your contact details as confidential. We will protect the privacy of this data to the best of our ability, and will notify you if we become aware of any breach of our data security.

We will not pass your contact details to any third party except:

  • to a relevant law enforcement authority
  • if we reasonably believe we are required by law to do so
  • to another member who has made a reasonable complaint that you have acted in a manner which has caused him or her loss (to whom we may provide your name and address).

In particular, we will not provide your data to any third party for the purposes of marketing to you.

We expressly exclude any responsibility for the privacy of any data which you may post in any area of the Platform designed for general access by other members.

14. Complaints

If you believe a member has acted in breach of this Agreement in a manner which has caused you loss, and you report this to us, and we believe your complaint is reasonable, we will give you the contact details of that member so that you can take whatever action you see fit against that member.

If you satisfy us that a member has acted in breach of this Agreement in a manner which has caused you loss, we may terminate that member's membership or take other steps that we consider to be appropriate.

If we receive a complaint from another member about your use of the Platform, we may at our discretion give you an opportunity to comment on that complaint, but whether we do so or not we may terminate your membership or take other steps against you that we consider to be appropriate.

15. Unacceptable Postings

We will decide if any data posted by you is either unacceptable or in breach of your promise to us. If we decide it is, we may remove the data without notice, and may terminate your membership.

16. Removal of Postings

We may remove, edit or disable any content which you post on the Platform. We may do so without giving you advance warning, telling you we have done so, or telling you why.

We may enable the moderator of a group to remove, edit or disable any content which you post to that group.

17. Limitations on Contact

We will enable you to block communications from specified members if you wish to do so. Your communication with other members may likewise be limited by other members or by us.

18. Suspension and Termination

We may suspend or terminate your use of the Platform without prior warning. If we do, we will tell you we have done so. In particular, we may terminate your use of the Platform if we believe you have breached the terms of this Agreement, but we may also terminate it at our discretion at any time, without opportunity to comment, and without offering a reason.

19. Alterations and Availability

We may alter the services provided from time to time without notice. We may suspend some or all services. We may be unable to provide services. Our service may be infected by third party attack. If service is unavailable for any reason, or if you suffer any damage as a result of infection of our equipment by any third party, we will not compensate you.

We may suspend provision of the Platform for maintenance or upgrade, or for security reasons, or due to capacity constraints, or for reasons outside our control.

PART 4 - What We Do Not Promise

20.

We do not promise that the other members are who they claim to be. We make reasonable efforts to verify identity, but that is all.

21.

We do not promise that the other members will respect this Agreement.

22.

We will not be liable to you, either in tort or in contract, for any loss you may suffer:

  • as a result of the actions of any other member either within or outside the confines of the Platform's services, including defamation;
  • as a result of any breach of our data security;
  • as a result of any malfunction of the Platform;
  • as a result of reliance on the Platform or any data on the Platform.

23.

We take no responsibility for any website, linked to from the Platform.

24.

We take no responsibility for data posted the Platform by any member (although we will endeavour to remove any data posted in breach of the membership agreement as soon as we learn of it.)

We will not be liable to you for any breach of the security of the systems of our payment gateway operator.

PART 5 - Further Legal Details

25. Intellectual Property

You retain all rights owned by you in respect of data posted by you on the Platform. In order to enable us to provide and improve services to you and other members, you give us a non-exclusive, irrevocable, worldwide, unlimited, transferable, sub-licensable, royalty-free licence to use, copy, prepare derivative works of, distribute, publish, remove, retain, add and/or commercialize in any way now known or in the future discovered, any such data, at all times consistent with the Privacy Statement and the purposes set out in this Agreement.

26. Applicable Law

The place from which our services are provided is Dublin, Ireland, and this Agreement is governed by Irish law.

27. Conflict of Laws

If any provision of the law of any other State might apply to give you any right not contemplated by this Agreement or by Irish law, this Agreement shall be null and void and shall be deemed never to have existed, and you agree that any obligation we might have had to you, whether in contract or otherwise, is terminated without further liability.

28. Language

The English language version of this Agreement is the only authentic version. Where we provide a translation of the English, you agree that the translation is provided for your convenience only.

29. Arbitration

Any dispute in relation to membership or this Agreement shall be governed by Irish law, and shall be resolved by arbitration in Ireland. (Any arbitrator shall be appointed by agreement between the parties or, in default of agreement, by the Head of Department for the time being of the Law School of the University of Dublin, Trinity College.)

30. Invalid Provisions

Should any provision of this Agreement be found to be invalid, the remainder of this Agreement shall continue to apply, shorn of the invalid provision.

31. Waiver

Waiver by either party of any breach of this Agreement shall not prevent the full enforcement of this Agreement in the case of any further breach.

32. Entire Agreement. Consumer Rights

This is the entire agreement between us and you in relation to its subject matter as may be varied from time to time in accordance with its terms. However, if you contract with us as a consumer rather than in the course of a business, you continue to have all rights provided to consumers under Irish law.