Terms and Conditions

This page explains the terms by which you may use Teamgage Service (“Service”). By accessing or using the Service, Website, Application and Software provided through or in connection with the Service, you signify that you have read, understood and agree to be bound by these Terms and Conditions.  

Use of the Teamgage Service
Teamgage grants you permission to use the Teamgage Application with a limited licence for the duration and number of Users agreed in the Proposal provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for their intended purpose; and (iii) you will otherwise comply with the terms and conditions of these Terms and Conditions.  Your rights and obligations under these Terms and Conditions may not be assigned to another party without Teamgage’s prior written consent.  

You are solely responsible for the activity that occurs on your organisation’s account (“Account”) in the Service, and warrant that any of your Administrative Users take necessary steps to maintain the integrity of your Account and protect their login credentials.  You must notify Teamgage immediately of any breach of security or unauthorised use of your Account. Although Teamgage will not be liable for your losses caused by any unauthorised use of your Account, you shall be liable for the losses of Teamgage or others due to such unauthorised use.  

By providing Teamgage with your employee email addresses you consent to us using the email addresses to send Teamgage Service-related notices.  

Teamgage may permanently or temporarily terminate, suspend or otherwise refuse to permit your access to the Service without notice and liability if, in Teamgage’s sole determination, you violate any of these Terms and Conditions including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; (vi) behaving or treating Teamgage staff in a manner not considered appropriate professional conduct. Upon termination for any reason, you continue to be bound by these Terms and Conditions.  

Teamgage shall be allowed to refer to you directly or indirectly in portfolio of work and other publications unless you request otherwise in writing.  

User Submission
Teamgage enables Users to submit feedback regarding your organisation. Teamgage will not share or distribute any such User feedback except as provided herein or in our Privacy Policy.  

You will not have or request access to data that would remove the anonymity of a User submission, except where such access would prevent physical harm.  

Teamgage takes no responsibility and assumes no liability for any User feedback that any Users submit. You understand and agree that any loss or damage of any kind that occurs as a result of the User feedback is solely your responsibility. Teamgage is not responsible for any public display or misuse of your User feedback.    

Our Proprietary Rights
The Teamgage Service and its materials, including without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Teamgage Content”), all modifications, developments or improvements to the Service and all Intellectual Property Rights related thereto, are the exclusive property of Teamgage and its licensors. Except as explicitly provided herein, nothing in these Terms and Conditions shall be deemed to create a licence in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Teamgage Content or materials on the Service for any purpose not expressly permitted by the Terms and Conditions is strictly prohibited.  

Confidential Information
You own all rights to your data in the Teamgage Service, Website, Application and Software.  Your data is confidential and we will use our best efforts to prevent any unauthorised access, copying, use or disclosure.  

Privacy
We care about the privacy of our Users. By agreeing to these Terms and Conditions you also give your consent to the way we may handle your organisation’s and your employees’ information under our Privacy Policy. Our Privacy Policy can be found at www.teamgage.com/privacy. You should therefore ensure that you have read and understood these policies and are happy to be bound by such terms.  

Both parties acknowledge that each party may be exposed to or acquire communication or data of the other party that is confidential, or privileged communication not intended to be disclosed to third parties.  

Teamgage may use anonymised feedback and usage data to improve our products and service.  

Cookies
The Teamgage Service, Application and Platforms use cookies to provide necessary functionality, including the feedback submission page and the authentication process - i.e., when you log into our Website.  Your Users will need to have cookies enabled in their browsers, irrespective of whether they are accessing our Service via Smart Phone, Tablet or Desktop.  We do not use cookies to collect, track or send Personal Information about our Teamgage Application Users for the purpose of advertising or marketing.  

The Teamgage Website uses cookies to manage our marketing and promotional activities.  We will not use Personal Information for marketing or promotions without your consent.  

Security
We have implemented reasonable technical and organisational measures designed to secure your organisational information and User content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your organisational information and User content for improper purposes. You acknowledge that you provide your organisational information at your own risk. You will be responsible for ensuring that staff are adequately trained to use and administer the system.  

Indemnity  
Teamgage will not be liable and you release and indemnify Teamgage from any claim or liability for validly terminating the Service.  

Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Teamgage, its affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Service. Under no circumstances will Teamgage be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or your Account or the information contained therein.  

To the maximum extent permitted by applicable law, Teamgage assumes no liability or responsibility for the following: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; (iii)  the Service being modified by anyone other than Teamgage; (iv) the Service not being used in accordance with Teamgage’s instructions; (v) any interruption or cessation of transmission to or from the Service; (vi) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (vii) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; (viii) your failure to access the Service due to any event beyond Teamgage’s reasonable control; and/or (ix) User content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Teamgage, its affiliates, directors, employees, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the value of the agreed Proposal.  

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Teamgage has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  ‍