Our services include online applications and downloadable mobile applications (collectively, the “Service(s)”). Access to the Services is usually granted by an entity or an organization that has an agreement with the Company (the “Customer (s)”). The Customer gives access to the services to the “User(s)” to conduct activities within the framework of the Customer’s professional activities. Users may include, employees, agents, contractors and subcontractors of the Customer as well as third parties with whom the Customer does business if explicitly permitted.
The Company will use commercially reasonable efforts to make the Services available, except for scheduled maintenance and update and any unavailability caused by a Force Majeure Event. The Company may update the Services from time to time. If the Company changes the Services in a manner that materially reduces their functionality, the Company shall inform the Customer. The Company is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data, including Service Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by the Company. The Company assumes no responsibility for the reliability or performance of any connections as described in this section. You must use Your own discretion when you access or deploy Third Party Applications along with the Services offered by the Company and You should read the terms and conditions and privacy policies associated with any such Third Party Applications as provided by the applicable Third Party Developer as they will govern your use of the Third Party Applications and the Company does not own or control any of these Third Party Developers or the Third Party Applications, and you will not hold the Company responsible or liable for any such Third Party Applications or acts or omissions of Third Party Developers, under any circumstances. The Company does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any Applications (including without limitation the content contained therein), even if an Application complies with the any such required guidelines. You agree that you bear all risks associated with using or relying on Third Party Applications. If You have any questions about Third Party Applications or the terms that govern the use of the Third Party Applications, You should contact Third Party developer of the Third Party Application directly. You agree that the Company may collect and use technical data and related information, including without limitation, technical information relating to your account, systems and use of the Services, that is gathered periodically to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the Services. The Company may use this information to improve its products or to provide services or technology to you. Notwithstanding anything to the contrary, the Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use of such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. The Customer and the Users warrant that they have procured the written consent of the individuals whose personal data Customer is entering into the System, including but not limited to the personal data of Customer’s employees. Customer therefore agrees to fully defend, hold harmless and indemnify the Company against any and all damages, costs, third party claims and enforcement actions howsoever arising in relation to the personal data entered into the System, including but not limited to settlement fees, penalties and legal fees on a solicitor-client basis.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. You are responsible for ensuring that such equipment is compatible with the Services, as applicable. You are also responsible for the use, maintenance and security, of the equipment.
Some Users may have the ability to monitor, restrict, or terminate access to the Service accounts. The Company’s responsibilities do not extend to the internal management or administration of the Services by the Customer on any of its representatives or Users.
You will not:
In the event of a breach of any of the obligations referred to herein, the Company reserves the right to suspend or terminate definitively your access to the Services, with immediate effect.
Some of the Services require you to download Software. So long as you comply with these terms, we give you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely for the purpose of being able to access the Services.
The Company respects , intellectual property laws including trademark, patent copyright and design laws and expects all Users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of other’s intellectual property or works is an infringement of the holders’ rights. As a condition to the use of the Services, you agree not use the services to infringe the Intellectual Property Rights of others in any way.
The Company may use, modify, and incorporate into its software and services any suggestion, enhancement request, correction or other feedback provided by users without any obligation to the users.
The Company shall use reasonable efforts to provide the best Services consistent with prevailing industry standards in a manner which minimizes errors and interruptions, but the Company does not guarantee the same. However, THE Company does not warrant that the Services will be uninterrupted, SECURE, error free OR VIRUS FREE OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; nor does it make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE OPERATION OF THE SYSTEM AND ANY ASSOCIATED APPLICATIONS OR SOFTWARE WILL BE UPDATED. UPDATES OR IMPROVEMENTS EXCEPT FOR THE USUAL SYSTEM UPDATES AND IMPROVEMENTS UNDERTAKEN BY THE COMPANY IN THE NORMAL COURSE AT ITS DISCRETION.
Be respectful of all users, facilitators and others. Do not spam others, post offensive messages or otherwise be unpleasant. If you have any concerns, please raise them with us at firstname.lastname@example.org
The Users acknowledges that the Company does not control the transfer of data over communications facilities, including the internet, and that the services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. The Company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
The Users acknowledges that the Services may be temporarily unavailable for scheduled maintenance or because of other causes beyond the Company’s control. The Company will not be liable for any unavailability, but the Company shall use reasonable efforts to provide advance notice of any scheduled disruption.
Data and more broadly any content integrated or processed in or with the Services by the Customer or a User, is the sole responsibility of the Customer.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR BUSINESS), HOWSOEVER ARISING, WHETHER UNDER CONTRACT, TORT OR OTHERWISE, EVEN IF INFORMED ABOUT THE POSSIBILITY OF THE SAME. FURTHER, OTHER THAN IN THE EVENT OF BREACH OF THE OTHER PARTY’S CONFIDENTIAL INFORMATION OR INTELLECTUAL PROPERTY RIGHTS, EACH PARTY’S LIABILITY SHALL NOT EXCEED THE FEES RECEIVED BY THE COMPANY FOR THE PRECEEDING 3 (THREE) MONTHS FROM THE DATE OF THE CLAIM.
The Company may revise these Terms from time to time, and will always post the most current version on our website. You are responsible for checking such postings regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised terms.