Terms & Conditions Last updated on the 07th December 2023
The Opimise.com website (the “Website”) including its sub-domains is managed and operated by Opimise Limited (“we” or “us”). In these Terms and Conditions we will refer to you as “you” and “your”. These Terms and Conditions supersede terms and conditions that might be found and agreed to elsewhere on the Website and form a legally binding agreement between you and us. We would ask that you take the time to read these Terms and Conditions carefully. They explain things including the rules covering your use of the Website.
By opening one or more pages on the Website, you are confirming that you have read and understood and agree to these Terms and Conditions. These Terms and Conditions may change from time to time and, if they do, the up-to-date version will always be available on the Website, dated at the top of these Terms and Conditions.
Please ensure that you check these Terms and Conditions regularly to view any changes which may have been made, because by continuing to use the Website after these Terms and Conditions have changed, you will be confirming that you have read and understood, and agreed to be bound by, any revised Terms and Conditions.
Your Information and Privacy
The following paragraph states that if something bad happens in connection with your use of the Website or your behaviour, you will do all you can to protect Opimise Limited from being sued or from otherwise being held liable:
In using the Website you agree to indemnify and hold harmless Opimise Limited and any of its subsidiaries and holding companies, the subsidiaries of their holding companies and each of their respective officers, directors, shareholders, employees, representatives and agents (and you shall continue to indemnify them and hold them harmless) in respect of all losses, liabilities, costs, claims, damages and demands suffered in connection with your conduct in using the Website, your behaviour towards us, our representatives, other users, any breach of law, any breach of these Terms and Conditions or any breach of any third party's rights.
All text, graphics, audio, video or image files, content, concepts and descriptions that have no publicly published or publicly accessible precedent, software, applications and information displayed on or available from the Website, and all copyright, trade mark rights, design rights and other intellectual property rights in them (together, the "Proprietary Content") are the property of Opimise Limited, our users, suppliers or licensors. This includes, without limitation, the organisation and lay-out of the Website and any underlying software that is owned by us, our users, suppliers or licensors.
By using the Website you are agreeing that Proprietary Content is available for personal use or for internal use by a company or organisation only, and that you will not copy, reproduce, publish, distribute, claim ownership of, or dispose of in any way any Proprietary Content. If and whenever you discuss through oral communication or through any medium whether written, audio, visual, or another medium, a concept or description that is recognisably a part of a proprietary body of work that is the property of us including but not limited to those listed in supplementary clause sc1 below, you agree that you will credit the concept or description to us or to the name of our applicable body of work, and you will not discuss any detail of a proprietary concept or description that is the property of us that might enable a person, company or organisation to produce, improve or add-to a computer software product or to enable a person, company or organisation to provide consulting or advisory services that are in any way based on a proprietary concept or description that is the property of us. You further agree that you will not use a proprietary concept or description that is the property of us for consulting or advisory purposes to your existing or prospective customers or clients without first obtaining a license to do so from us. Further, without first obtaining a license to do so from us, you will not use a proprietary concept or description that is the property of us to develop or produce a component of computer software, or to coordinate or organise such activity, for the purposes of producing, improving or adding-to a product that is owned, developed or produced by you or a company or organisation, unless the concept or description might easily have been derived from one or more product, feature or component that is already in the public domain.
sc1: Take OFF for Teams; TOFT; Focus Framework, Perfect Prioritisation; Activity Prioritisation; Activity Sequencing; Activity Flow Metrics; Status Flow Metrics; Flow Metrics for ITSM; Total Contribution Metrics; Control-by-Role; Progression Threshold; Status Elevation; Team Together; Progression Dashboard.
Neither the Opimise company name, trade mark, logo or design may be used or copied in any manner.
Password Protected Pages
With the exception of password protected courses, forums, and community pages that are provided by us for anyone wishing to create a login account, any page on the Website that is password protected is for private viewing only. You are not permitted to access a password protected page unless an employee or representative of Opimise Limited has invited you to view the page and has provided you with the password.
The Website includes community pages, community courses, and other community resources that can only be accessed once you have created an account to login with a username and password. We reserve the right to refuse or remove access for you to these community resources and we may make such a decision for any reason that includes when:
You represent a business or organisation that might or does have a commercial interest in our products and services. A partner channel should be used instead.
You use any kind of language or behaviour that might reasonably be regarded as inappropriate in any way.
We further reserve the the right not to approve and thereby publish a post made to a forum that is run and operated by us, and we may re-categorise your forum posts.
Third Party Content
The Website will contain some content which does not come from us, whether such content is posted by users or otherwise comes from anyone other than us (together, "Third Party Content"). Because of the open nature of the Website, this Third Party Content is not approved by us. We have to state that any views expressed in such Third Party Content may not represent our views and that we shall not be responsible or liable for any Third Party Content or for the consequences of the use of it.
We will include on the Website Third Party Content that is personal opinion and political or controversial in its nature. These views do not necessarily reflect our views and we cannot accept any responsibility for those views.
We may keep an eye on Third Party Content from time to time but please note that we have no obligation to police it. If we have any concerns, we may remove Third Party Content from the Website with or without notice.
If you have any concerns about content appearing on the Website, please contact us using the details set out under the heading “If in doubt, please talk to us” below.
Links to Other Sites
The Website might provide, amongst other things, links to third party websites, resources, advertisements or sponsorships.
We reserve the right to remove a link at any time.
Protecting the online privacy of children is especially important to us. By accessing the Website or providing us with any of your personal information, you'll be representing and warranting that you are 18 or older and that you agree to these Terms and Conditions. If you are under 18 years old, please do not attempt to use the Website and do not provide us with your name, contact details or any other information about yourself. If we reasonably believe a user to be under 18, we may need to remove their details provided by them from our Website and our records.
If you have trouble using the Website with certain web browsers or other software or if you want to let us know how we can improve accessibility, please let us know by contacting us using the details set out under the heading “If in doubt, please talk to us” below. We appreciate your feedback and your suggestions will help us to improve our service to you.
Great care is taken to present accurate, transparent and useful information to you as a user. However, there might be content on the Website which is not generated by us, for example Third Party Content, as described above. Therefore, we should let you know that information on the Website might be out of date, incomplete, contain some errors or be in some way unreliable. Please therefore check any information obtained from the Website before acting upon it in any way. Any stated offers, whether free or paid, or stated prices, are not formal or final and might be subject to withdrawal, exclusions or separate terms and conditions details of which are available from Opimise ltd.
The Website may be unavailable occasionally for maintenance, updating or otherwise. Where this happens we apologise for any inconvenience caused. However, we shall not be liable for any loss, damages or inconvenience resulting from such unavailability.
Other Limitations on Liability
It is important to note that using the internet does have its dangers. We cannot take responsibility for:
any breach of security of the Website;
any damage, loss or corruption of any data, information or material;
any viruses or other malicious programs that may infect your computer equipment or other property; or
any breach of security by hackers in relation to the Website.
Law and Jurisdiction
These Terms and Conditions and any dispute in relation to them are governed by English law and we reserve the right to bring proceedings in the courts in any location, the English courts or whichever forum we feel is appropriate.
As a user, the laws of your location may apply to your online dealings with the Website and you may have additional legal rights and/or obligations than those provided under English law. We always recommend that you should seek local legal advice, however we would encourage you to speak to us if you have any concerns to see if they can be resolved.
If any provision or part of these Terms and Conditions is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of all of the other provisions and parts of these Terms and Conditions will not be impaired.
If in doubt, please talk to us
If you have any queries, comments or complaints regarding the Website or these Terms and Conditions, please get in touch. You can write to us at the address on our contact page.