Terms and Conditions
The terms "us" or "we" or "our " refers to theMeritSystem, the owner of this Website.
A "Visitor " is someone that merely browses our Website.
A "Member" is someone who has registered with our Website to use our Service. Members will fall under two categories: managers, and employees.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid services, are collectively known as our "Content".
Overview of Our Users
There are two types of Users that interact with us and have the following definitions in this Agreement: Visitors are Users who navigate to our Website to get more information about our Services or to find out more about theMeritSystem. Members are Users who have completed our registration process and executed necessary agreements with us to use our Services. Depending on your particular interaction with us, different portions of this Agreement may apply to you at different times.
Overview of Service
theMeritSystem offers an online service (Service) which allows managers and supervisors within an organisation to assess their employees attendance and general performance. Employees are scored between 0-100% and can also receive badges for special achievements.
THE EMPLOYEE RECORD DOESNâ€™T BELONG TO THE EMPLOYEEâ€™S ORGANISATION. THE EMPLOYEE IS PERMITTED TO USE THEIR EMPLOYEE RECORD INDEPENDENTLY FROM THEIR ORGANISATION. FOR EXAMPLE, AN EMPLOYEE CAN USE THEIR EMPLOYEE RECORD TO APPLY FOR JOBS WITHIN OTHER ORGANISATIONS. THE EMPLOYEE IS ALSO PERMITTED TO DETACH THEIR EMPLOYEE RECORD FROM THEIR ORGANISATION. THE EMPLOYEE CAN DO THIS BY CLICKING ON THE 'RESIGN' BUTTON WHICH IS LOCATED WITHIN THE SETTINGS PAGE. WHEN THIS HAPPENS, WE WILL STOP CHARGING THE ORGANISATION FOR THIS EMPLOYEE.
Acceptance of Agreement
This Agreement is between you and theMeritSystem.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE.
This Agreement constitutes the entire and only Agreement between you and theMeritSystem, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Content, Service, and the subject matter contained herein. As stated, in order for you to use our Service, you will also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated. We may amend this Agreement at any time. The latest Agreement will be posted on our Website and you will be notified via email. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Service.
theMeritSystem grants you a non-exclusive, non-transferable, revocable license to access and use our Website, Content, and Service strictly in accordance with this Agreement. Your use of our Website and Service are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, or Service provided therein.
Our Relationship to You
theMeritSystemâ€™s relationship to you is at all times that of an independent contractor. This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and theMeritSystem.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website, Content, or Service does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of theMeritSystem.
Our Content, as found within our Website and Service, is protected under United Kingdom and International copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Service does not grant you any ownership rights to our Content.
Eligibility and Registration for Membership
When you complete the registration process, you will receive a password that will allow you to access our Service. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorised use of your password or any other breach of security. You agree that theMeritSystem cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
The opinions expressed on our Website are not necessarily the opinions of theMeritSystem. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. We reserve the right to make alterations or deletions to the Content at any time without notice.
Errors, Corrections and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable. We may make changes to our Website, Content, or Service at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website, Content, or Service.
Our Website or Service may be temporarily unavailable from time to time for maintenance or other reasons. theMeritSystem assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, Member communications. theMeritSystem is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Website or Service, including without limitation any software provided through our Website or Service. Under no circumstances will theMeritSystem be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone's use of our Website, Content, or Service, or for any interactions between Users of our Website or Service, whether online or offline.
theMeritSystem reserves the right to change any and all Content, software and other items used or contained in our Website or Service, at any time without notice.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED "AS-IS, " "AS AVAILABLE, " WITH "ALL FAULTS ", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. theMeritSystem, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICE. theMeritSystem CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR SERVICE, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. theMeritSystem DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICE, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNISED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICE, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND theMeritSystem. OUR WEBSITE AND SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
theMeritSystem, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website, Content, or Service; (b) the unavailability or interruption of our Website or Service; (c) your use of our Website or Content; or (d) any delay or failure in performance of our Website and Service beyond our control.
IN NO EVENT WILL theMeritSystem OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, OR SERVICE, EVEN IF theMeritSystem IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, theMeritSystemâ€™s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.
Use of Information
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Linking to Our Website
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Links to Other Websites
Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the Service, information, content and/or data of such third party websites. theMeritSystem has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Payment of Fees for Service
You represent and warrant that when you pay us for using our Service that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honoured by your bank or credit card organisation, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonoured, you will still pay the charges incurred, including any surcharge we may incur due to such dishonoured payment. You understand that if you fail to make timely payment for using our Service, we reserve the right to suspend your Member account until payment is made. If payment is not made within forty-five (45) days of due date, we may even terminate your Member account.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable legal fees, related to your violation of this Agreement or use of our Website, or Service.
Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the English Law. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in England, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in the England,
This Agreement shall be treated as though it were executed and performed in England, and shall be governed by and construed in accordance with English law, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.