1. About this Agreement
This End User License Agreement (“Agreement”) is between Industrial Psychology Consultants (Pvt) Ltd (“IPC”, “we”, “us”), the provider of Performance Manager, and you, the individual using the platform.
You have been given access by an organisation, usually your employer (“your Organisation”), that subscribes to Performance Manager under our Terms of Service. That subscription is between IPC and your Organisation; this Agreement sets out the terms that apply to you personally as a user.
By selecting “I agree” or by using the platform, you accept this Agreement. If you do not agree, do not use the platform and let your Organisation know.
2. Your Licence to Use the Platform
IPC grants you a limited, personal, non-exclusive, non-transferable and revocable licence to access and use Performance Manager through a web browser, solely to take part in your Organisation’s performance management and only for as long as your Organisation authorises your access.
The licence does not transfer ownership of anything to you, and you may not sub-license, sell, lend or share it.
3. Your Account
- Keep your password confidential, and do not let anyone else use your account.
- Tell your Organisation’s administrator or IPC straight away if you suspect someone else has used your account.
- Keep your profile information accurate and up to date.
- You are responsible for activity carried out under your account.
4. Acceptable Use
When using Performance Manager you must not:
- Copy, modify, reverse engineer, decompile or attempt to obtain the platform’s source code.
- Get around security measures, or access information or features your role does not permit.
- Upload viruses or other harmful code, or anything unlawful, defamatory, discriminatory or harassing.
- Use automated tools to scrape, copy or extract data from the platform.
- Knowingly enter false or misleading performance information, or alter another person’s records without authority.
- Use the platform, or anything learned from it, to build a competing product.
5. Colleagues’ Information Is Confidential
Depending on your role, you may see other people’s goals, ratings, assessments, comments and personal details. This information is confidential to your Organisation and the people it concerns.
Use it only for the performance management purposes your role requires. Do not copy, export, share or discuss it outside those purposes unless your Organisation has authorised you to.
6. Content You Add
Goals, updates, self-assessments, comments, evidence and other content you add belong to you or your Organisation, as your Organisation’s policies determine.
You allow IPC to store and process that content only as needed to provide the platform to your Organisation. You are responsible for making sure it is accurate and that you have the right to share it.
7. Your Personal Data
For the performance data held about you, your Organisation is the data controller and IPC processes it on your Organisation’s behalf, in line with the Cyber and Data Protection Act [Chapter 12:07] of Zimbabwe.
Our Privacy Policy explains what we process and how we protect it. To access, correct or object to the processing of your data, contact your Organisation’s HR team or Data Protection Officer, who can action requests through the platform.
8. Scores and Decisions About You
Performance Manager calculates scores, ratings and summaries from the information your Organisation and its users enter. These are tools to support your Organisation’s judgement.
Decisions about your employment, such as ratings, pay, promotion or development, are made by people in your Organisation, not by IPC or by the platform alone. If you disagree with a result, raise it through your Organisation’s review process.
9. Intellectual Property
IPC owns, or is licensed to use, all rights in Performance Manager, including its software, design, frameworks, templates and libraries. Nothing in this Agreement gives you any rights in them beyond the licence in section 2.
If you send us feedback or suggestions, we may use them to improve the platform without any obligation to you.
10. Availability and Changes
We work to keep the platform available and secure, but we may need to update, maintain, change or temporarily suspend it, and we cannot promise uninterrupted or error-free access.
11. When Your Access Ends
Your licence ends automatically when:
- Your Organisation’s subscription ends.
- Your Organisation removes or deactivates your account.
- You leave your Organisation.
IPC may also suspend your access if you breach this Agreement or to protect the platform or other users. What happens to your data afterwards is governed by your Organisation’s agreement with IPC and its retention policies.
12. Disclaimer and Limitation of Liability
The platform is provided to you through your Organisation’s subscription. IPC’s commitments about the service are made to your Organisation in our Terms of Service.
To the extent the law allows, IPC is not liable to you for any indirect or consequential loss arising from your use of the platform. Nothing in this Agreement limits any liability that cannot be limited under the laws of Zimbabwe.
13. Changes to this Agreement
We may update this Agreement from time to time. When we do, we will show you the new version the next time you sign in and ask you to accept it before you continue.
14. Governing Law
This Agreement is governed by the laws of Zimbabwe. Any dispute will be subject to the exclusive jurisdiction of the courts in Harare.