Thymometrics Limited provides organisations and their employees with access to an online thymometric survey ("Service"),
the purpose of which is to provide the employees with the means to anonymously record at any time,
and as often as they like, their priorities, satisfaction levels, feelings and comments concerning their working life,
and to provide the organisation with analytical tools designed to enhance its understanding of what matters to its employees,
By using the Service, You agree to be bound by these Terms. The terms governing our agreement with Employer are set out separately, and may be viewed on our website, www.thymometrics.com. Within the Terms, the following words and phrases shall have these particular meanings:
- "We", "Us" or "Our" means Thymometrics Limited, a company incorporated in England and Wales whose registered number is 08065970.
- "You" or "Your" means you, the person reading these Terms.
- "Employer" means the organisation commissioning the Service from Us.
- "User" means any individual accessing or being permitted by Employer to access any part of the Service.
- "Contribution" means any data provided by a User and captured by the Service, whether as textual comments or numbers derived
from the position and settings of on-screen controls displayed as part of the Service.
- "Account" means a record kept by Us of Your acceptance of these Terms in association with the Service thereby entitling You
to use those parts of the Service deemed available to You by Employer until Employer’s licence to operate and administer the Service expires or until the date You cease to be employed by Employer, whichever occurs first.
- "Intellectual Property Rights" means patents, copyright, moral rights, trademarks, service marks, goodwill, trade secret rights and other intellectual property rights and registrations,
renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Our Guarantees to You
We hereby agree, unless legally obliged to the contrary, not to
- Sell or give Your name or email address or any other personal information You may provide Us with to any third party, including Employer;
- Identify You as the author of any Contribution;
- Knowingly make the content of Your Contributions available to any person in a format that makes it possible to deduce Your identity.
From 25th May 2018 onwards We will process Your personal data in accordance with the European Union’s "General Data Protection Regulations"; the public Data Contract governing such processing will make available on Our website from that date.
Obligations of Users
You hereby agree
- To provide Us with Your real name and a valid, working email address in order to open an account with Us;
- To permit Us to send occasional Service-related information and to forward messages from Employer to the email address You supply;
- To keep Your password secure, and change it if You believe it may have been compromised;
- To notify Us immediately of any breach of security with respect to Your account;
- To notify Us or Employer promptly if You experience problems with the Service;
- That once submitted Your Contributions may only be deleted at Our sole discretion.
You hereby agree not to
- Use or attempt to use any part of the Service to which You have not been given access by Employer, or if You cease to be an employee of Employer;
- Submit any profane, offensive, libellous or discriminatory language via the Service;
- Use the Service in a manner which contravenes any of Employer’s rules, or any contract You may have with Employer;
- Use the Service for the purposes of political campaigning, religious proselytisation, commercial solicitation, or the organisation of any activity or event of an illegal nature;
- Use the Service to air non-work-related grievances against another User;
- Use another User’s credentials to log in to the System;
- Impersonate another person, including the use of another person’s passwords;
- Attempt to mislead any person as to Your identity, including by the submission of comments which refer to You in the third person;
- Misrepresent your relationship with a person or entity;
- Attempt to reverse engineer, disassemble or otherwise investigate the internal workings of the Service;
- Use or launch any automated system such as robots or spiders to access the Service or collect or harvest any personal information, including account names, from the Service;
- Compromise or attempt to compromise the security and integrity of the Service and the privacy of the data held by the Service,
or take any action that imposes an unreasonable load on the Service;
- Provide to the Service any inaccurate or invalid data, or misrepresent your own opinions and true levels of satisfaction and priority.
Should You at any time obtain or be given access, either directly or indirectly, to any of the anonymous comments or any other data submitted by Users, You further hereby agree
- That comments and data submitted by Users are their individual personal opinions, and therefore where applicable enjoy the
protection of local Laws relating to freedom of speech, including the 1st Amendment of the Constitution of the United States of America;
- Not to use any information shown to You by the Service except for the purposes of carrying out your job as defined by Employer;
- To respect and maintain indefinitely the privacy and confidentiality of any information provided by a User that
chooses to identify himself or herself to You, unless otherwise requested by User, unless Laws under any applicable jurisdiction would be broken by so doing;
- Not to use the knowledge of a User’s identity, nor to identify or attempt to identify any User, nor to seek to persuade any User to self-identify,
for the purpose of or with the intention of discriminating against, taking any disciplinary action against, terminating employment of,
selecting for redundancy, selecting for non-renewal of contract or acting in any other way to disadvantage User because of the content of any of User’s submissions to the Service, unless such submissions were made by said User whilst acting on behalf of Employer;
- That Your sole remedy in the event of an unacceptable Contribution by another User is to refer the Contribution to Us for resolution of the matter,
and You agree that You will take no further action against User, notwithstanding instructions to You by Employer to the contrary or the contravention
by User of any of Employer’s own rules, unless an offence has been committed under any Laws under any applicable jurisdiction.
We may at Our sole discretion suspend or terminate Your access to the Service or any part thereof without notice or liability if, in Our belief, You violate any of these obligations. We will terminate Your account and access should You cease to be an employee of Employer, or Employer terminates its use of the Service, whichever comes first.
Use of Service
Before You use the Service for the first time, you must join by supplying a unique one-time use password which will be given to You by Us or by Employer,
and by agreeing to these Terms; this creates Your Account with Us and gives You access to the Service.
Employer determines from time to time which parts of the Service You will be able to access.
Intellectual Property Rights in the content of Your Contributions belong to You. Nevertheless, by making a Contribution,
You irrevocably agree that providing We preserve Our guarantees to You concerning Your anonymity listed heretofore We may without time limit
and at Our sole discretion store, manipulate, copy, aggregate and perform other data and text processing functions on the contents of Your Contributions,
and furthermore present certain results to Employer’s choice of other Users and third parties, and for purposes of comparison, to other Employers.
Except for Your Contributions, the Service and its materials and all Intellectual Property Rights related thereto, are Our exclusive property and
nothing in this Agreement shall be deemed to create a licence in or under any such Intellectual Property Rights, and You agree not to sell,
license or modify any such content. However We agree that You may distribute, copy, or create derivative works (including but not limited to presentations,
documents and emails) which include information and graphics produced by the System but only as part of Your job as defined by and only during your
employment with Employer, and only if Our copyright notices are included in said derivative works.
If You submit comments or ideas about the Service to Us,
You agree that these become Our property and that We may make free use of them in any way We see fit. You acknowledge that, by acceptance of Your submission,
We do not waive any rights to use similar or related ideas previously known to or developed by Us, Our employees, agents or otherwise.
Privacy and Confidentiality
Our reputation depends on maintaining Your privacy and the confidentiality of Your identity. Our Privacy and Confidentiality Policy can be viewed at www.thymometrics.com. By using the Service, You consent to Your personal data being transferred to and processed in the United Kingdom, the United States, or other country which We consider appropriate. Security and Availability We use commercially reasonable technical and organisational measures designed to secure Your personal information and Your Contributions from accidental loss and unauthorised access, use or disclosure. However, We cannot guarantee that unauthorised third parties will never be able to defeat those measures. All Contributions are made at Your own risk. We use the services of world-class cloud computing providers, who are chosen for their ability to maintain and high-performance high-availability facility. Whilst We aim to provide an uninterrupted Service to You, We reserve the right to withdraw access to parts or all of the Service on a temporary basis without compensation to You should We consider at our sole discretion that circumstances require this measure.
Third-Party Websites, Advertisers and Service Providers
Our website, through which access to the Service may be obtained by valid Users, may contain links to third-party websites, advertisers,
or other service providers that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content,
privacy policies, or practices of any third party websites or Service.
We may send Your contributions securely and anonymously to Third-Party websites for additional processing and analysis..
Additional Representations and Warranties
You indemnify Us and Our employees, agents and affiliated companies from and against any claims, losses, liabilities and expenses arising from:
- Your misuse of the Service;
- Your violation of any part of the Terms;
- Your violation of any third-party rights;
- Your violation of any law, rule or regulation of any country or region;
- Your violation of any of Employer’s rules
- Any action taken by Employer, whether or not as a result of using the Service, and whether or not this action involves You.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND USE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THYMOMETRICS LIMITED, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT
THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THYMOMETRICS LIMITED, ITS DIRECTORS, EMPLOYEES OR ITS LICENSORS SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR
GOODWILL THAT RESULT FROM ANY PERSON’S USE OF, OR INABILITY TO USE, THE SERVICE, OR FROM YOUR IDENTIFICATION HOWSOEVER DETERMINED AS THE
AUTHOR OF ANY CONTRIBUTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THYMOMETRICS LIMITED ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS OR INACCURACIES OF CONTENT; (II) ANY UNAUTHORISED ACCESS TO OUR SECURE SERVERS; (III) ANY INTERRUPTION OR CESSATION OF THE SERVICE;
(IV) ANY BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY A THIRD PARTY; (V) USER COMMUNICATIONS OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL THYMOMETRICS LIMITED, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE
FOR ANY AMOUNT EXCEEDING THE AMOUNT EMPLOYER PAID TO THYMOMETRICS LIMITED IN THE PRIOR 12 MONTHS HEREUNDER REDUCED PRO RATA FOR ANY PART OF THAT PERIOD
DURING WHICH SERVICE HAD BEEN PROVIDED. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE
OR ANY OTHER BASIS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
This Agreement, and any rights and licences granted hereunder, may not be transferred or assigned by You, but may be assigned by Us.
- This Agreement is governed by the Law of England and Wales and is subject to the exclusive jurisdiction of the Courts of England and Wales.
- We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting on our website.
- The paragraph headings in these Terms are purely to aid understanding and legibility, and do not themselves form part of the Terms.
- This Agreement, together with any other legal notices and agreements published by Us, shall constitute the entire agreement between You and Us. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
- We may amend these Terms at any time by giving You 30 days’ notice by a method set out herein.
- Please contact [email protected] with any questions regarding this Agreement.