Terms & Conditions
Terms & Conditions
This page explains the terms by which you may use Teamgage services. By accessing or using the Teamgage services, website, applications and software provided through or in connection with the Teamgage service, you signify that you have read, understood and agree to be bound by these Terms and Conditions.
Use of Our Service
Code 360 grants you permission to use the Teamgage application 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 its intended purpose; and (iii) you will otherwise comply with the terms and conditions of these Terms and Conditions.
You are solely responsible for the activity that occurs on your account, and warrant that any Administrative users take necessary steps to maintain the integrity of your account and protect their passwords. You must notify Code 360 immediately of any breach of security or unauthorised use of your account. Although Code 360 will not be liable for your losses caused by any unauthorised use of your account, you shall be liable for the losses of Code 360 or others due to such unauthorised use.
By providing Code 360 with your employee email addresses you consent to us using the email addresses to send Teamgage service-related notices.
Code 360 may permanently or temporarily terminate, suspend or otherwise refuse to permit your access to the service without notice and liability if, in Code 360’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 Code 360 staff in a manner not considered appropriate professional conduct. Upon termination for any reason, you continue to be bound by these Terms and Conditions.
Code 360 shall be allowed to refer to you directly or indirectly in portfolio of work and other publications unless you request otherwise in writing.
Code 360 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. Code 360 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”), and all Intellectual Property Rights related thereto, are the exclusive property of Code 360 and its licensors. Except as explicitly provided herein, nothing in these Terms and Conditions shall be deemed to create a license 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.
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.
Code 360 may use anonymised feedback and usage data to improve our products and services.
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.
You agree to defend, indemnify and hold harmless Code 360 and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the service, including any data or work transmitted or received by you; (ii) your violation of any term of this agreement, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of Australia or any other country; (v) any claim or damages that arise as a result of any of your user content or any that are submitted via your account; or (vi) any other party’s access and use of the service with one of your administrator’s unique usernames, passwords or other appropriate security codes.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Code 360, 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, this service. Under no circumstances will Code 360 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, Code 360 assumes no liability or responsibility for any (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 our service; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) 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; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Code 360, 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 amount you paid to Code 360 hereunder.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Code 360 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.
Governing Law & Jurisdiction
This Agreement is subject to the laws of the Commonwealth of Australia.