Terms of Service
Management Innovation Services GmbH
Management Kits Terms of Service
1. ACCEPTANCE OF TERMS
Management Innovation Services GmbH welcomes you. Management Innovation Services GmbH provides services called management kits (defined below) to you subject to the following Terms of Service ('TOS'), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.managementkits.com/terms-of-service
By accessing and using the management kits, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular management kits, you and Management Innovation Services GmbH shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Management Innovation Services GmbH may also offer other services that are governed by different Terms of Service.
2. RIGHT OF MODIFICATION
We reserve the right to change or modify the Terms of Service at our sole discretion at any time. Any change or modification to the Terms of Service will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Sites after publication of such modifications, with or without notification, constitutes binding acceptance of these modified Terms of Service.
3. DESCRIPTION OF MANAGEMENT KITS
Management Innovation Services GmbH provides users with access to a rich collection of services, called management kits. Management kits are resources (frameworks, tools, content, databases) related to management, organization, and strategy. You also understand and agree that the management kits may include advertisements and that these advertisements are necessary for Management Innovation Services GmbH to provide the management kits. You also understand and agree that the management kits may include certain communications from Management Innovation Services GmbH, such as service announcements, administrative messages and the management kits newsletter, and that these communications are considered part of using management kits. Unless explicitly stated otherwise, any new features that augment or enhance the current management kits, including the release of new Management Innovation Services GmbH properties, shall be subject to the TOS. You understand and agree that the management kits are provided 'AS-IS' and that Management Innovation Services GmbH assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the management kits, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the management kits.
You understand that the technical processing and transmission of the management kits may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. SERVICE IMPLEMENTATION AND PAYMENT TERMS
A. You agree to use the Service only through our website and/or authorized software application and we reserve approval authority as to the implementation and use of the Service on the Site. We may suspend the Service in the event we find any implementation issues with the Site. Such suspension shall remain in effect until you correct any issues specified by Management Innovation Services GmbH and a suspension shall not relieve you of your payment obligations under the Agreement.
B. You agree to provide us with current, complete and accurate registration information for the Service and to maintain and properly update such information ('Registration Data'). If you are using the Service you authorize us to confirm that the Card Account is and remains in good standing with a financial institution as long as you are using the Service. You authorize us to obtain credit reports or other background inquiries from time to time to assess your eligibility to continue use of the Service.
C. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the 'Registration Data'). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service. Once you subscribe to the Service, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as 'IDs'). You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
D. Management Innovation Services GmbH will submit your customers’ payment information to the applicable payment gateway. Monthly charges for the Service will be at the rates set forth by Service type and agreed upon by you in the Registration process. Such charges may be modified by Management Innovation Services GmbH upon 30 days prior written notice. Payments reflecting charges for the prior month’s use of the Service will be deducted from your authorized credit card promptly following the end of each calendar month. Prices established in this Agreement, and in any schedule, exhibit or related agreement hereto, are exclusive of taxes and other fees which may be imposed on Management Innovation Services GmbH or you for the provision or use of the Service. You will be responsible for such taxes and other fees. Tax exempt status will be granted to you upon presentation of a satisfactory certificate of exemption.
E. Management Innovation Services GmbH is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by you or your customers that are deceptive, fraudulent or otherwise invalid ('Fraudulent Actions'). By using the Service, you hereby release Management Innovation Services GmbH from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Management Innovation Services GmbH of any Fraudulent Actions which may affect the Service. Management Innovation Services GmbH reserves the right, in its sole discretion, to terminate your account if you engage in, or enable any other user or customer to engage in, Fraudulent Actions.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Management Innovation Services GmbH Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Management Innovation Services GmbH of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Management Innovation Services GmbH cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Management Innovation Services GmbH may establish general practices and limits concerning use of the management kits, including the maximum number of times (and the maximum duration for which) you may access the management kits in a given period of time. You agree that Management Innovation Services GmbH has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the management kits. You acknowledge that Management Innovation Services GmbH reserves the right to sign out accounts that are inactive for more than two years.
8. MODIFICATIONS TO MANAGEMENT KITS
Management Innovation Services GmbH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the management kits (or any part thereof) with notice. You agree that Management Innovation Services GmbH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the management kits (or any part thereof).
9. PAYMENT TERMS
The current fee for the Service you have selected will automatically and immediately be charged to your payment instrument or account on the date that you complete your ordering process. Fees charged for one Service may not be credited towards other services.
You may terminate your Management Innovation Services GmbH account and access to the management kits by submitting such termination request to Management Innovation Services GmbH via e-mail
You agree that Management Innovation Services GmbH may, without prior notice, immediately terminate, limit your access to or suspend your Management Innovation Services GmbH account, any associated email address, and access to the management kits. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the management kits (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the management kits. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Management Innovation Services GmbH's sole discretion and that Management Innovation Services GmbH shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the management kits.
Termination or downgrade of your Management Innovation Services GmbH account or services includes any or all of the following: (a) removal of access to all or part of the offerings within the management kits, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the management kits.
11. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the management kits, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Management Innovation Services GmbH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the management kits.
The management kits may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Management Innovation Services GmbH 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. You further acknowledge and agree that Management Innovation Services GmbH 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. MANAGEMENT INNOVATION SERVICES GMBH'S PROPRIETARY RIGHTS
You acknowledge and agree that the management kits contain proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the management kits or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Management Innovation Services GmbH or the applicable licensor (such as an advertiser), you agree not to copy, reproduce, modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the management kits, such as Content or the Software, in whole or in part. The burden of determining that your use of any information, software or any other content on the Site is permissible rests with you.
Management Innovation Services GmbH grants you a personal, non-transferable and non-exclusive right and license to use the content through your personal account; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software or content. You agree not to modify the Software or Content in any manner or form, nor to use modified versions of the Software and Content, including (without limitation) for the purpose of obtaining unauthorized access to the management kits. You agree not to access the management kits by any means other than through the interface that is provided by Management Innovation Services GmbH for use in accessing the management kits. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason.
The content available through the Management Innovation Services GmbH-Service, including the management kits and the associated metadata, is the property of Management Innovation Services GmbH or its licensors and its subsidiaries, and is protected by national and international copyright and other intellectual property laws. All rights reserved. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through Management Innovation Services GmbH to anyone, including but not limited to others in the same company or organization, without the express prior written consent of Management Innovation Services GmbH. The management kits may only be used and stored by individual users. No summary or any part thereof may be reproduced, sold, rented, published, licensed or transmitted in any form or by any means, electronic, photocopying, or otherwise, without prior written permission of Management Innovation Services GmbH. In all cases, Management Innovation Services GmbH sells a personal, nontransferable license to individual users. These licenses are strictly nontransferable. Only one individual may access the management kits database at the same time using the same user name or password, unless agreed otherwise by Management Innovation Services GmbH. Sublicensing of the Management Innovation Services GmbH content or parts thereof is prohibited. Management Innovation Services GmbH reserves the right to delete management kits or parts thereof from and add summaries to its database without notice.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE MANAGEMENT KITS IS AT YOUR SOLE RISK. THE MANAGEMENT KITS ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. MANAGEMENT INNOVATION SERVICES GMBH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MANAGEMENT INNOVATION SERVICES GMBH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE MANAGEMENT KITS OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE MANAGEMENT KITS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MANAGEMENT KITS OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MANAGEMENT KITS OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MANAGEMENT KITS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MANAGEMENET INNOVATION SERVICES GMBH OR THROUGH OR FROM THE MANAGEMENT KITS OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. MANAGEMENT INNOVATION SERVICES GMBH AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH MANAGEMENT INNOVATION SERVICES GMBH OR MANAGEMENT KITS. NEITHER MANAGEMENT INNOVATION SERVICES GMBH NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY FROM USE OF THE MANAGEMENT INNOVATION SERVICES GMBH CONTENT. IN NO EVENT WILL MANAGEMENT INNOVATION SERVICES GMBH, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. MANAGEMENT INNOVATION SERVICES GMBH AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE RESPONSIBLE FOR ALL STATEMENTS MADE AND ACTS OR OMISSIONS THAT OCCUR WHILE YOUR PASSWORD IS BEING USED.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MANAGEMENT INNOVATION SERVICES GMBH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MANAGEMENT INNOVATION SERVICES GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE MANAGEMENT KITS; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MANAGEMENT KITS; OR (e) ANY OTHER MATTER RELATING TO THE MANAGEMENT KITS.
Management Innovation Services GmbH may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the management kits, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the management kits in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the management kits in an authorized manner.
17. GENERAL INFORMATION
This Agreement is personal to you, and you may not assign your rights or obligations to anyone. No waiver, alteration, modification of any of the provisions hereof shall be binding.
The TOS constitutes the entire agreement between you and Management Innovation Services GmbH and governs your use of the management kits, superseding any prior version of this TOS between you and Management Innovation Services GmbH with respect to the management kits. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Management Innovation Services GmbH services, affiliate services, third-party content or third-party software.
18. Choice of Law and Forum.
You and Management Innovation Services GmbH each agree that the TOS and the relationship between the parties shall be governed by the laws of Switzerland without regard to its conflict of law provisions and that any and all claims or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Management Innovation Services GmbH, shall be brought exclusively in the courts located in the City of Zürich, Switzerland. You and Management Innovation Services GmbH agree to submit to the personal jurisdiction of the courts located within the City of Zürich, Switzerland.
19. Waiver and Severability of Terms.
The failure of Management Innovation Services GmbH to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Please report any violations of the TOS to Management Innovation Services GmbH under firstname.lastname@example.org.
Last update Zürich July 15, 2015