Terms of Use for Evalu8r.com

1. Terms of Use

Thank you for using Evalu8r’s products and services (“Services”). These Terms of Use contain the terms under which Evalu8r provides their Services to you and describes how the Services may be accessed and used.

Depending on which Services you use, additional terms presented with those Services may apply (“Additional Terms”). Those Additional Terms become a part of your agreement with us if you use those Services. For example, if you use our survey services, the Memorandum of Agreement (that includes the Non-Disclosure and Confidentiality Agreement) applies. We refer to the combination of this and any applicable Additional Terms collectively as these “Terms”.
You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.

If you will be using the Services on behalf of an organisation, you agree to these Terms on behalf of that organisation and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organisation.

2. Privacy

2.1. Privacy.

In the course of using the Services, you may submit content to Evalu8r (including your personal data and the personal data of others) or third parties may submit content to you through the Services (your “Content”). We know that by giving us your Content, you trust us to treat it appropriately. Evalu8r’s Memorandum of Agreement together with any Service-specific data use policies, privacy statements and privacy notices detail how we treat your Content and personal data and we agree to adhere to those agreements. You in turn agree that Evalu8r may use and share your Content in accordance with our Non-Disclosure Agreements.

2.2. Confidentiality.

Evalu8r will treat your Content as confidential information and only use and disclose it in accordance with these Terms (included in our Memorandum of Agreement. However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Evalu8r); (b) was lawfully known to Evalu8r before receiving it from you; © is received by Evalu8r from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Evalu8r without reference to your Content.

3. Evalu8r Intellectual Property

Intellectual Property means all rights, title, and interest including without limitation copyright, logo, trademark, know-how, confidential information, patents, designs, inventions, formulae, trade secrets, source codes, processed data and other proprietary information of an intellectual nature, whether registerable or not owned by the Parties and used in the conduct of its business. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content), except as permitted by Evalu8r’s Memorandum of Agreement entered into with you or your organisation.

4. Acceptable Uses

You are responsible for your conduct, Content, and communications with others while using the Services. When accessing the Evalu8r websites (www.evalu8r.com and www.evalu8r.co.za) you must comply with the following requirements when using the Services:

  • You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.

  • You may not copy, translate, modify, adapt, decompile or disassemble or reverse-engineer any part whatsoever of EVALU8R and acknowledge that the website and the software and all intellectual property, copyrights, patents, trade secrets, formulae and other rights, title and interest therein are the sole property of EVALU8R and you bind yourself to keep confidential all issues relating thereto, except insofar as you may be required to do so, to enforce your rights contained herein or as outlined in the Memorandum of Agreement.
  • You may not circumvent or attempt to circumvent any limitations that Evalu8r imposes on your account (such as levels of authorised access).
  • Unless authorised by Evalu8r in writing, you may not probe, scan, or test the vulnerability of any Evalu8r system or network.
  • You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
  • You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Evalu8r will endeavour to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Evalu8r.
  • You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
  • You may not conduct surveys on behalf of third parties or respondents that do not form part of your immediate client/ customer or employee base. Unless authorised by Evalu8r in writing, you may not resell or lease the Services.
  • You may not disclose or make available any information, report or score card or part thereof that is generated by Evalu8r to any third party that is not bound by any agreement to which you are bound with Evalu8r.

5. Your Content

5.1. You Retain Ownership of Your Content.

You retain ownership of all of your intellectual property rights in your Content. Evalu8r does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.

5.2. Limited License to Your Content.

You grant Evalu8r a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by Evalu8r’s Memorandum of Agreement. This license for such limited purposes continues even after you stop using our Services, though you may have the ability to delete your Content in relation to certain Services such that Evalu8r no longer has access to it. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide Evalu8r with feedback about the Services, we may use your feedback without any obligation to you.

6. User Content

6.1. User Content.

You are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Evalu8r is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.

6.2. Content Review.

You acknowledge that, in order to ensure compliance with legal obligations, Evalu8r may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Evalu8r otherwise has no obligation to monitor or review any content submitted to the Services.

7. Account Management

7.1. Keep Your Password Secure.

If you have been issued an account by Evalu8r in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Evalu8r, are responsible for any activity occurring in your account (other than activity that Evalu8r is directly responsible for which is not performed in accordance with the Client’s instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Evalu8r immediately. Accounts may not be shared and may only be used by one individual per account.

7.2. Keep Your Details Accurate.

Evalu8r occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.

7.3. Account Inactivity.

Evalu8r may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

8. Suspension and Termination of Services

Evalu8r may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. Evalu8r may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavour to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time-sensitive situations where Evalu8r may decide that we need to take immediate action without notice. Evalu8r has no obligation to retain your Content upon termination of the applicable Service.

9. Changes and Updates

9.1. Changes to Terms.

Evalu8r may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. Evalu8r may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Evalu8r to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.

9.2. Changes to Services.

Evalu8r constantly changes and improves the Services. Evalu8r may add, alter, or remove functionality from a Service at any time without prior notice. Evalu8r may also limit, suspend, or discontinue a Service at its discretion. If Evalu8r discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. Evalu8r may remove content from the Services at any time in our sole discretion, although we will endeavour to notify you before we do that if it materially impacts you and if practicable under the circumstances.

10. Disclaimer

While it is in Evalu8r’s interest to provide you with a great experience when using the Services, there may be times, whether foreseen or otherwise, that you may not be able to access Evalu8r. We try to keep our online Services up, but they may be unavailable from time to time for various reasons, such as server maintenance or upgrades. To the best of our ability, we will provide you with reasonable prior notice of any downtime to the Evalu8r website.

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