Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY CONTINUING TO USE THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

CCi – Competitive Capabilities International (Pty) Ltd, registration number 64/3315/07 (“CCi”) – (also referred to as “we”, “us”, or “our”) is a global organization – the people behind TRACC. TRACC is our “product” – a solution that provides an Integrative Improvement System that delivers sustainable business improvement results through best practice and work process improvement.

Therefore, for the purposes of these Terms of Use, “CCi” refers to the global organization headquartered in Cape Town, South Africa, with offices in various locations around the world. In this document, “CCi” also refers to our product (TRACC), the TRACC online community, as well as any entities licensed to sell TRACC. This is our group-wide Terms of Use statement.

These Terms of Use apply to the following CCi websites:

TRACC Community — an online community of best practice where you can see what good looks like:

TRACC websites and TRACC software platforms:

By using this Site, you agree to these Terms of Use, including any additional terms and conditions applicable to specific areas or content on the Site (“Terms of Use”), and also agree to the terms of our Privacy Policy.

CCi reserves the right to modify these Terms of Use at any time. Your continued use of the Site after any such changes constitutes your agreement to follow and be bound by these Terms of Use as modified.

Use of Site and Content and Copyright

You are permitted to access the Site, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs and/or other works (singly or collectively, the “Content”) solely for your or your organization’s internal information purposes. You agree to observe all copyright, trademark and other notices on the Content. You may not copy, transmit, reproduce, publicly display, perform, distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by CCi in writing or expressly permitted in these Terms of Use. However, certain pieces of content are shared as tools for you to use solely for information and/or internal training purposes. Where this is true, you are not permitted to alter these works nor create derivative works out of these tools. These tools must be used as is, with acknowledgement and attribution to CCi as the creators and copyright holders of the work.

Neither you nor your organization may use any Content or any excerpt from any Content to promote your or your organization’s products or services. External citation of the Content is prohibited without CCi’s express written permission.

The Site and all of the Content are legally protected and are the property of CCi, its licensors or third parties. No right, title or interest in any Content is transferred to you. You agree to use the Site and the Content in accordance with all applicable laws. You agree not to take any action that would compromize the security of the Site or render the Site inaccessible to others.

Restricted Areas

Access to certain areas (such as TRACC Community) of the Site are restricted (“Restricted Areas”) to CCi Clients to whom CCi has issued passwords. You are not authorized to access any password-restricted areas unless you have received a password from CCi (or from your employer if your employer has been authorized by CCi to issue such password).

You may not use another person’s password to access the Site:
If you are a CCi Client, or an employee of a CCi Client, you are responsible for keeping your password confidential. You agree not to share your password with anyone or to otherwise allow anyone to access the Site or the Content through your account. You further agree not to reproduce, publicly display, perform, distribute, alter, transmit or create derivative works from or otherwise share any Content or portions or excerpts thereof from Restricted Areas with anyone, except as expressly provided in these Terms of Use or as otherwise authorized by CCi in writing. You take full responsibility for any activity that occurs through the use of your account and you agree to notify CCi immediately if you become aware that anyone has accessed your account or has obtained your password.

Interactive Services

Certain areas of the Site contain interactive services where visitors are permitted to post content for publication on the Site. If you elect to use such interactive services, you are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on the Site (“User Content”).

You may submit User Content as long as the content is not illegal, obscene, threatening, defamatory, libellous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You hereby grant CCi a non exclusive, royalty-free, perpetual, irrevocable, fully sublicensable and transferable right to exploit User Content at CCi’s discretion throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to User Content; that User Content is accurate; and that the use of User Content does not violate these Terms of Use and will not cause injury to any person or entity. CCi takes no responsibility and assumes no liability for any User Content submitted by you or any third party. You may be exposed to User Content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable, and you bear all risks associated with using that User Content. CCi reserves the right, but not the obligation, to monitor, edit or remove any User Content for any reason.

Notwithstanding anything to the contrary elsewhere, by posting any User Content on this Site, you expressly represent and warrant to CCi that such User Content is not confidential or proprietary, and that your posting of such User Content does not violate any confidentiality or other obligations to which you are subject. CCi does not accept unauthorized idea submissions outside of established business relationships. To protect the interests of CCi and its Clients, CCi must treat the issue of such submissions with great care. Importantly, without a clear business relationship, CCi cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions to CCi through this website. Any ideas disclosed to CCi outside a preexisting and documented confidential business relationship are not confidential and CCi may therefore develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. CCi will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them. However, if a review is necessary in CCi’s sole discretion, it will be with the understanding that CCi assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to CCi through this website, you agree to be bound by the terms of this stated policy.

CCi has designated an agent to receive notifications of claimed copyright infringement relating to this Site (the “Designated Agent”). All such notifications relating to this Site must be submitted to the following Designated Agent:

Service provider: CCi
Name of agent designated to receive notification of claimed infringement: John Mulcahy
Full address of designated agent to which notification should be sent: Carrablagh House, Portsalon County, Donaegal, Ireland
Telephone number of designated agent: +353 74 9159113
Facsimile number of designated agent: +353 74 9159778
Email address of designated agent: [email protected]

Accuracy of Information

The Content on this Site is based on CCi’s reasonable efforts to compile and analyze the best sources reasonably available to CCi at any given time. Any opinions expressed are subject to change. You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Site or the Content or the User Content is to discontinue using the Site. The information provided on this Site has been prepared for general guidance on matters of interest only and does not constitute professional advice. CCi does not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in the reliance on the information contained on our Sites.

WARRANTIES DISCLAIMER

THIS SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND CCI DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCI FURTHER DISCLAIMS ALL WARRANTIES (I) RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR ANY PORTION THEREOF THAT IS MADE AVAILABLE ON THE SITE; (II) THAT THE CONTENT PROVIDED THROUGH THE SITE WILL BE FREE FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION, OR FROM TECHNICAL INACCURACIES OR OTHER ERRORS; (III) THAT THE CONTENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY; (IV) THAT THE CONTENT WILL BE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS; OR (V) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.

LIMITATIONS ON LIABILITY

YOU AGREE THAT CCI SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LAW FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS FAILURE OR LOSS, ARISING OUT OF YOUR USE OF THE SITE, THE CONTENT OR USER CONTENT, WHETHER OR NOT CCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE FURTHER THAT CCI SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU ARISING AS A RESULT OF RELIANCE UPON THE CONTENT, USER CONTENT OR THE SITE OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CONTENT OR THE SITE OR INTERPRETATIONS THEREOF. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CCI’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, AND THE TERMS LIMITING CCI’S LIABILITY IN THIS SECTION SHALL IN ANY CASE BE INTERPRETED TO LIMIT CCI’S LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You understand and agree that you are responsible for your use of the Site. You agree to indemnify, defend and hold harmless CCi, its subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents and any applicable third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages) and reasonable attorneys’ fees, resulting from or arising out of your use, misuse or inability to use the Site, the Content, the User Content or any violation by you of these Terms of Use.

Email Disclaimer

This email message and any data attached to it may be confidential and may be subject to copyright and other intellectual property rights. Please do not use or share this email unless you have obtained our consent to do so.

If you are not the intended recipient please immediately notify the sender or CCi and destroy the email message and all of its attachments without saving it.

Unless we state otherwise in the email, any comments or statements contained in this email message are to be regarded as opinions and not statements of fact and CCi will not be liable for any loss suffered as a result of relying on the contents of this email message or its attachments.

This email will not be subject to a search in terms of the Federal Rules of Civil Procedure. (USA only)

While CCi takes reasonable steps to ensure that this email message is free from viruses or other destructive code, it does not warrant that the information in or attached to it is free of a virus or other defect or error. You should rely on your own virus checking procedures and programs.

This is a business email address and so it can be seen by other employees at CCi. Please do not send personal emails to this email address. For more about privacy and your rights please read our Privacy Policy.

Privacy Policy

CCi’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. By using the CCi websites or platforms, you are agreeing to the use of your information as set out in our Statement of Privacy. Furthermore, use of our Sites confirms your consent to the contents of our Privacy Policy, as well as these Terms of Use.

CCi may provide links to third-party content and other websites on the Site. CCi does not endorse, sponsor or accept any responsibility for such linked sites or resources or their respective content, services or products, nor does CCi guarantee that such sites are free of malware or other malicious code, and your use of the same is at your own risk. When using these sites, you should ensure you are familiar with their own terms of use and privacy policy.

The entire contents are copyright protected under the Berne Convention. All rights reserved. No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without the permission in writing of CCi. For additional reproduction rights and usage, permissions can be requested by contacting Robyn Macé: [email protected].

Information is based on best available resources. TRACC is a registered trademark of CCi.