Terms & Conditions
These Terms & Conditions govern your use of the Systems Drag Index™ diagnostic at systemsdragindex.com and any products or services that may be offered through the site. By using the diagnostic, you agree to these terms.
The service is provided by Hummingbird Tech Group Pty Ltd (ABN 83 695 116 235, ACN 695 116 235), based in Perth, Western Australia. In these terms, “I”, “me” and “my” refer to Hummingbird Tech Group Pty Ltd. “You” refers to the person using the diagnostic.
01. What the diagnostic is
The Systems Drag Index is an online diagnostic. You answer questions about how your business operates, and you receive a Summary showing your Systems Drag Index score and where it showed up. The diagnostic and the Summary are free. There’s nothing to pay and no subscription.
02. The Analysis, the waitlist and pilots
The Analysis is a separate, paid product that is still being built. It isn’t for sale yet, and I don’t take payment for it.
If you join the waitlist, I’ll use your email to tell you when the Analysis is available. There’s no obligation to buy and nothing to pay, and you can ask to come off the list at any time.
If you tick the box to be an Analysis pilot, you’re telling me you’d be willing to try the Analysis early and tell me what’s wrong with it. It doesn’t guarantee you a place, a date or a free Analysis, and you can change your mind at any time. How pilot information is used is set out in section 10A of my Privacy Policy.
When the Analysis becomes available, its price, what it includes, and the terms of purchase will be shown to you before you pay.
03. Your Summary
Your Summary is shown on screen when you finish, and you can download it as a file. It’s your responsibility to save a copy if you want to keep one.
04. If you buy something
These terms also cover any purchase you make on systemsdragindex.com.
Price and payment
The price, and what’s included, is shown before you pay. Prices include Australian GST where GST applies. Depending on your country, other taxes such as VAT or sales tax may apply to digital purchases; where they do, they’re accounted for in the price shown. Payment is processed securely by Stripe. I don’t receive or store your full card details.
7-day money-back guarantee
If you’re not happy with a purchase for any reason, email me within 7 days of buying and I’ll refund you in full, no questions asked.
If the product didn’t deliver
If something went wrong, such as you didn’t receive what you paid for, or it didn’t work as described, contact me and I’ll fix it or refund you, including after the 7-day window.
Refunds are returned to your original payment method via Stripe. To request one, email contact@systemsdragindex.com with the email address you used to buy.
05. What your Summary is, and isn’t
The Systems Drag Index is an informational and diagnostic tool. It’s designed to give you insight into where your business relies on people to connect information, move work and keep things on track, based on the answers you provide.
Your Summary is generated by an automated scoring method based on the information you provide. While reasonable efforts have been made to make it useful and relevant, no warranty is given that it’s complete, accurate, or suitable for your particular circumstances.
It isn’t professional, legal, financial, accounting, tax or business advice, and it isn’t a substitute for advice from a qualified professional who knows your circumstances. You’re responsible for any decisions you make, and I recommend getting professional advice before acting on anything significant.
Reliance on your answers
Your Summary is based on the information you supply and the Systems Drag Index scoring methodology. Inaccurate or incomplete answers may affect how accurate or useful it is.
No guarantee of results
Using the Systems Drag Index™ doesn’t guarantee any improvement in productivity, profitability, business performance or personal wellbeing.
06. Acceptable use
When you use the site and the diagnostic, you agree that you will:
- Provide accurate information when completing the diagnostic.
- Use it for your own legitimate business or professional purposes.
- Not resell, redistribute, or commercially exploit the diagnostic, the framework, or the Summary templates, methodology or generated content as a commercial product.
- Not attempt to copy, reverse-engineer, scrape, or interfere with the site, the tool, or the underlying framework.
- Not use the service unlawfully or in a way that harms the service or other users.
07. Intellectual property
I own all intellectual property in the Systems Drag Index™, including the tool, the diagnostic framework, the methodology, the scoring, the questions, the trade marks, and the site itself. The name Systems Drag Index™ is a trade mark of Hummingbird Tech Group Pty Ltd.
Using the diagnostic gives you a personal, non-exclusive licence to use your Summary for your own purposes. It doesn’t transfer any ownership of the tool or framework to you.
Your content stays yours
You keep ownership of the information you submit, and you’re free to use, keep and share your own Summary as you wish. Subject to your ownership of that information, Hummingbird Tech Group keeps ownership of the Summary’s structure, methodology, scoring system, design, templates and the intellectual property used to generate it.
08. How your information is used
I may use de-identified and aggregated information from completed diagnostics for research, statistical analysis, product improvement and publication, including aggregated findings, trend analysis, and academic or commercial research, provided no individual or business can reasonably be identified.
If you take part in a pilot, your information may also be used internally, in identifiable form, for the purposes explained to you when you join that pilot, including designing, building and testing relevant Hummingbird products. Both uses are described in my Privacy Policy.
09. Availability
I aim to keep the service available, but it’s a small operation and I can’t promise uninterrupted access. The service may occasionally be unavailable for maintenance, updates, or reasons outside my control. I may change or discontinue the diagnostic or any product, but I’ll honour purchases already made.
10. Limitation of liability
To the maximum extent permitted by law, and subject always to your Australian Consumer Law rights (section 4):
- The diagnostic and any product are provided on an “as is” basis, and I don’t guarantee any specific outcome or result from using them.
- I’m not liable for any indirect, incidental or consequential loss, or for loss of profits, revenue, data or business, arising from your use of or reliance on the diagnostic, your Summary, or any product.
- Where my liability can be limited by law but not excluded, my total liability to you for any claim about a purchase is limited to re-supplying the product or refunding the amount you paid for it.
Nothing here limits liability that can’t be limited by law, including under the Australian Consumer Law.
11. Events beyond my control
I’m not responsible for any delay or failure to perform my obligations where it’s caused by events beyond my reasonable control, including internet or hosting outages, cyber incidents, acts of God, natural disasters, or failures of third-party services I rely on (such as payment, email or hosting providers).
12. Privacy
How I handle your personal information is set out in my Privacy Policy, which forms part of these terms. By using the service you agree to that policy.
13. Governing law
These terms are governed by the laws of Western Australia and the Commonwealth of Australia. You and I submit to the non-exclusive jurisdiction of the courts of Western Australia. If you’re a consumer in another country, you may also have the benefit of mandatory protections under your local law.
14. Entire agreement
These terms and the Privacy Policy are the entire agreement between you and Hummingbird Tech Group Pty Ltd about the Systems Drag Index™, and replace any earlier statements or representations about it.
15. Changes to these terms
I may update these terms from time to time. The version in force when you use the diagnostic, or make a purchase, is the one that applies to that use or purchase. The “last updated” date at the top shows the current version.
16. Contact
Hummingbird Tech Group Pty Ltd
ABN 83 695 116 235 · ACN 695 116 235
Perth, Western Australia
Email: contact@systemsdragindex.com