Terms & Conditions
Target Applications is a Saas (Software as a service). If You continue to use or
subscribe to this Application You are agreeing to comply with and be bound by
the following Terms, which together with our Privacy Policy govern Target
Application's relationship with You in relation to this Website.
Target Applications reserves the right to change these Terms at
any time. It is Your obligation to ensure that You have read, understood and
agree to the most recent Terms available on the Application.
These Terms and Conditions are governed under Scottish Law.
Contents
1.
Definitions
2.
Application Use
3.
Privacy Policy
4.
Your Data
5.
Subscription
6.
Application Performance
7.
Confidentiality
8.
Limitation of Liability
1.
Definitions
“CX-Feedback” means Target Applications Limited, a company registered in
Scotland under company number SC369841 whose registered office is at Bigholm
Cottage, Threepwood Road, Beith, North Ayrshire KA15 2JT and operators of the
Target Dashboard Application. Tel. no. 01505 502091
“Data” means any data input or imported by You into the
Application.
“Intellectual Property Rights” means any registered or
unregistered design rights, patents, copyright, database rights, data protection
rights, trade marks, service marks, moral rights, know-how and any other
intellectual or industrial property rights, anywhere in the world.
“Service” means the online services made available (as may be
changed or updated from time to time by Target Applications) via the Application.
“Subscription Fees” means the monthly subscription fee
(excluding any taxes and duties) payable by You in accordance with the pricing
set out on the Website (which Target Applications may change from time to time).
“Terms” means the Terms and Conditions of Use herein.
“Application” means any of images, written material,
databases, software or other material available via the internet address
“www.targetdashboard.com/account/login.aspx”.
“Website” means any of the images, written material,
databases, software or other material available at the internet address
“www.targetdashboard.com” or any other websites operated by Target Applications Limited
Ltd.
“You” means You and Your employees, consultants,
representatives and agents using the Application and Website.
“Account” means the access that You have to the Target
Dashboard Application.
2.
Application Use
2.1 Usernames and passwords.
You are responsible for ensuring that all usernames and passwords
required to access the Website are kept secure and confidential. If You are
aware of any unauthorised use of Your passwords or any other breach of security
You must reset Your password. Target Applications Limited cannot and
will not be liable for any loss or damage from Your failure to comply with this
security obligation.
2.2 When accessing and using the
Application You must only access the Application manually. The use of automated
agents, robots, or automated software, other than search engine spiders, to view
the site is forbidden.
3.
Privacy Policy
At Target Applications we recognise the importance of Your
privacy. Outlined below are details of the information that
we collect, how we use it and how we safeguard Your information.
3.1 Target Applications Limited uses cookies to store
and collect information about Your usage of the Application in order to enhance
Your experience and to help us improve the quality of the Application.
3.2 When You register for the Application
via the Website we collect some personal information including Your name, e-mail
address and, for paying subscriptions, Your credit card expiry date.
Your information will be stored by and only used by Target Applications Limited in
order to provide You with access to our products, Services and information that
we believe will interest You. Your personal details will never be passed on to
any other companies or third parties and will never be added to any third party
mailing lists or databases unless You agree to do so.
3.3 If You contact us via e-mail, Your
details and the history of the communication will be stored by us in order for
us to resolve the query and to improve our customer support function for the
future where appropriate.
3.4 Target Applications Limited uses Google Adwords to display relevant advertisements to persons who have visited the Target Applications Limited website. These advertisements are displayed across Google’s display network, and are also facilitated by Cookies.
3.5 Target Applications Limited uses cookies on the public-access site to store users’ behaviour on the site, e.g. which pages they visit. No personal information is stored in this way, except from the methods described in Sections 3.1 to 3.3. Only this public site behaviour is used as a basis for advertising.
3.6 You can choose to opt out of advertising based cookies by going to Google’s Ad Settings at https://www.google.com/settings/ads
4.
Your Data
4.1 Target Applications Limited uses third party
vendors and hosting partners to provide the necessary hardware, software,
networking, storage, and related technology required to run our Services.
Although Target Applications Limited owns the code, databases, and all rights to the CX-Feedback Application, You retain all rights to Your Data.
4.2 Target Applications may place information
concerning You on a database for internal use only. Target
Applications will never disclose Your details to any third party unless required to
by law.
4.3 While Target Applications backs up Data
daily it does not warrant the reliability or quality of these backups.
It is Your responsibility to back up Your own Data.
Target Applications is not responsible for any Data corruption or loss.
4.4 Target Applications is not responsible
for inaccuracy in the production of charts, graphs etc from Your Data.
5.
Subscription
5.1 Target Applications offers a free account. Free Accounts are not required to provide a credit card number. Our Free Account is not a limited-time trial. It is offered at no charge. However, if you do not login during 30 consecutive days, your Free Account will automatically expire and all the Data in that Account will be deleted.
5.2 You can subscribe to Target Applications
via the Website. Subscriptions are payable monthly in advance
of each subscription period and will be confirmed by e-mail immediately.
5.3 Technical support is only provided to paying account holders and is only available via email
5.4 You can cancel Your Account at
anytime. Click on Your user name, select manage Account and
click on payment and follow the instructions to cancel. We
will take no further payments but You will be able to use the Application until
the end of the month. Please note that at the end of the
month Your Account and all the Data in that Account will be deleted.
5.5 There will be no refund given for the cancellation or
termination of a subscription. Once You have signed up You can cancel at
any time and we will take no further payments. In exceptional
circumstances a refund may occasionally be given at the discretion of the
management.
5.6 You can downgrade Your payment plan at
any time but the downgrade will not take effect until the end of the month and
there will be no refund for the month in which You downgrade.
5.7 You can upgrade at any time from a Free, Basic or Plus Account.
An upgrade from the Free Account to Subscription Account will end your free
Account. You will be billed for your first month immediately upon upgrading. 5.7
You can downgrade Your payment plan at any time but the downgrade will not take
effect until the end of the month and there will be no refund for the month in
which You downgrade.
5.8 Target Applications uses RBSWorldpay and
SSL encryption software to manage payments.
5.9 Target Applications may cancel any
Account at any time.
5.10 Target Applications reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. Target Applications may, without notice or
liability, discontinue the Free Service.
6.
Application Performance
6.1 By accepting these Terms You confirm
Your understanding that the timely operation of the Internet and the World Wide
Web is governed by constraints beyond the control of Target Applications. You
accept that Target Applications is not liable for the perceived slow operation of
the Website or Application.
6.2 A beta feature is part of the
Application that Target Applications has developed and released for testing and
feedback purposes. You understand and accept that there may be errors and
inaccuracies with beta features inherent at this stage of development.
6.3 Neither party is liable for delay in
meeting its obligations due to any cause outside its reasonable control
including acts of god, riot, war, malicious acts of damage, fires, electricity
supply failure, Government authority.
7.
Confidentiality
7.1 Unless the relevant party has the
prior written consent of the other or unless required to do so by law each party
will preserve the confidentiality of all confidential information of the other
obtained in connection with these Terms. Neither party will, without prior
consent of the other, disclose or make any confidential information available to
any person, or use the same for its own benefit, other than as contemplated by
these Terms.
8.
Limitation of Liability
8.1 Target Applications excludes all
liability and responsibility to You (or any other person) in contract, tort
(including negligence) or otherwise for any loss (including loss of information,
Data, profits and savings) or damage resulting directly or indirectly from any
use of, or reliance on, the Application.
8.2 If You suffer loss or damage as a
result of Target Applications' negligence or failure to comply with these Terms,
any claim by You against Target Applications arising from Target Applications'
negligence or failure will be limited in respect of any one incident or series
of connected incidents, to the Subscription Fees paid by You in the previous 1
month.
8.3 If You are not satisfied with the
Service, Your sole and exclusive remedy is to terminate these Terms.