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SEMPER Diagnostic: Conditions Of UseDefinitionsSEMPER diagnostic: a methodology for assessing overall effectiveness within organisations, and/or software and/or data-structures providing a means to conduct such assessments. Tetradian: Tetradian Consulting; registered office 12 Mostyn Street, Castlemaine, VIC 3450, Australia; ABN 67 082 699 527. We (us / our): directors and employees of Tetradian Consulting. You (your): yourself as an individual user of the Tetradian website and/or SEMPER diagnostic, and/or any organisation which you represent and/or of which you are a member. Purpose of SEMPER diagnosticThis section of the Tetradian website provides an implementation of a means to conduct SEMPER assessments. We have made the basic version of this implementation available to the business community and the general public, in good faith and without charge, with the intent that doing so will prove useful to users of the diagnostic, and to create and support a user-community to assist in further development of whole-of-organisation diagnostics. Fee-based services are also available from Tetradian which provide access to more advanced variants of the diagnostic, and consultancy on the use and interpretation of SEMPER diagnostics in organisational transformation. Privacy and confidentialityUse of the Tetradian website is subject to the Australian National Privacy Principles, as specified in the Privacy Act 1988 and Privacy Amendment (Private Sector) Act 2000. You accept responsibility for protection of privacy, including protection of 'personal information' and 'sensitive information' as defined in the above Acts. You accept responsibility for protection of commercially sensitive information. We will make all reasonable efforts to ensure that data entered via the Tetradian website are not accessed by or transferred to unauthorised third-parties. Mechanisms to do this include but are not limited to password-based access-control and optional low-level encryption of data-exports. You should be aware, however, that your data may be visible to Tetradian staff and/or staff of third-party hosting services during routine site maintenance. Since the website is hosted by a third-party, it should not be considered secure to a commercial standard. We strongly advise you not to enter any data on the website which identifies any individual and/or which is commercially sensitive in nature. You accept all responsibility for ensuring that your use of this system conforms with all applicable law regarding but not limited to copyright, trade secrets and other intellectual property rights; libel, defamation and other information of a personal nature; and criminal or other activities. You warrant that you will accept all responsibility and will indemnify us in the event of any action made against us by third-parties arising from any breach of such law by you. WarrantiesThe software provided on this website is intended primarily as a demonstrator for SEMPER diagnostic principles. Because the contexts in which the diagnostic may be used are outside of our control, we make no warranty as to fitness or suitability for purpose. You assume and accept all responsibility for the application and interpretation of the diagnostic in your chosen contexts. The SEMPER software and its underlying diagnostic framework are undergoing continuous development. The software and data-structures available on this website shall be acknowledged by you as being in 'beta-test' condition: although all reasonable care will be made to protect data and access-controls, we shall not be held liable for loss or damage of your data created, stored or maintained through this website. (A data-export facility is provided to assist you to maintain copies of your assessments-data on your own system.) Some information is presented on this site providing basic assistance in interpretation of assessment results using the SEMPER diagnostic, and suggestions towards appropriate remedial techniques in such cases where potential issues in your organisation may have been identified through the use of the diagnostics. These guidelines are necessarily generic, indicating activities which have been found useful in a variety of related business contexts, but which may not necessarily be appropriate for your specific context. Since the circumstances of the use of the diagnostic and its interpretation through this website are outside of our control, this information shall be accepted by you as being of the nature of suggestions and commentary, and not as formal business advice. You acknowledge that we accept no liability for the use by you of such suggestions in your organisation. Intellectual propertyThe terms 'Tetradian' and 'SEMPER' as applied to assessment of organisational effectiveness, the tetradian structure, the Tetradian logo and related images are trademarks of Tetradian. The SEMPER software, its underlying framework and supporting text and data-structures are copyright of Tetradian. You agree not to copy, reverse-engineer or attempt in any other way to replicate or emulate these copyright materials, or to disclose these materials to third-parties other than as follows:
Assessment-data created by you through this website is your personal property and responsibility, placed temporarily by you within the data-structures used by this website. In the interests of furthering SEMPER development, we ask that you be willing to share such data with us (and, in some cases, with other users of this website, as appropriate and with your explicit permission). If you do not wish to share your assessment data with us and/or others, you should delete the respective assessments after completion, using the provided 'Delete' facility. Applicable lawThe applicable law shall be that of the State of Victoria, Australia, or of the Commonwealth of Australia where the latter takes precedence. |
