Vital Teams (“we” or “Vital Teams”) is owned and operated by Donohoe Consulting Pty Ltd ABN 33 080 774 750. We provide and maintain an Internet Web Site (“Site”) for the benefit of subscribers to our services (“you” or “User”). On our Site we provide hosted survey tools and dashboard reporting to measure team effectiveness and related services (“Services”)
2. Acknowledgment and Acceptance
3. User Responsibilities
You enter and use the Site and the Services at your own risk. We are not responsible for your activities, surveys, content, results, other data or any other matter concerning your use of the Site or the Services. Each team account will nominate a team manager (“Team Manager”) responsible for establishment of the account including providing details of the members of that team. During each 12 month subscription period each team manager is entitled to run 4 separate team surveys and to review and print consolidated and anonymised survey reports for that subscription period. We recommend that each team manager keeps track of their own team’s survey results or other data. Other users should also keep track of their own personal records, as access to surveys for team managers will terminate at the end of a subscription period. We are not responsible for the deletion of any data that is in or has been added to your account. If a User account remains inactive for a period of 18 months, we will deactivate the account.
5. Payment Terms; Renewal; Cancellation
You agree to pay an annual fee for access to the Services on or prior to the commencement of each annual subscription period. On each annual renewal we may change the fees and charges then in effect, or add new fees or charges, by giving Users advance notice.
You may renew your annual subscription each year by payment of the then annual subscription fee. You may cancel your subscription at any time by logging in to your account. On receipt of your cancellation request, we will promptly terminate your access to the Services. No refunds of subscription fees will be given.
6. Team Manager Registration, Passwords
After registration by a team manager, each User must provide current, complete, accurate information in the registration section of the Site. You will further update and keep that information current as needed. We will provide each registered User of each team a unique link to login to the Services. Each User is solely responsible for maintaining the confidentiality of their login and account information. You will notify us of any unauthorised activity, or any other breach of security you become aware of.
You must not share your login or password with others. Sharing login information is a violation of this Agreement and may result in immediate termination of your account.
If you subscribe for an enterprise licence you may register multiple teams with a specified Team Manager for each team. For each enterprise licence you may nominate a senior manager who will be provided with anonymised survey results for all teams registered under that Enterprise Licence. Team Managers under an enterprise licence will have access to anonymised survey results for their team only.
7. Unauthorised Uses
You acknowledge and agree that Vital Teams will fully cooperate with all legal disclosure request(s) (e.g. court order or subpoena).
8. Restricted Content
In connection with your use of, access to and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products and content (“Restricted Content”) belonging to Vital Teams and/or Vital Teams’ clients, partners and/or licensors. Restricted Content is and remains the sole and exclusive property of the owner of the Restricted Content. You do not obtain or receive any right, title and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter or transfer Restricted Content without the prior express written consent of Vital Teams. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations and prohibitions contained in this Section, in addition to any other rights or remedies available to us, we reserve the right to terminate, prohibit or restrict your use of, access to and/or participation in the Site and Services.
9. User Content
You are solely liable and responsible for all content, materials, information and comments you use, upload, post or submit in connection with the Services (“User Content”). You are solely responsible for all third party approvals, consents and/or authorisations required for User Content. By using, uploading, posting or submitting User Content in connection with the Services, you hereby grant to Vital Teams a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and licence to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute and otherwise use, modify or distribute your User Content in any manner, without compensation or notice.
11. Anti Spam Policy
You will not engage in any spamming activities in your use of the Services. You warrant that you have either an ongoing business relationship with or have obtained consents to send emails inviting participation in a survey to the persons in each team account.
You warrant that your use of the Site will not violate any applicable law prohibiting or discouraging unsolicited mail.
If you engage in any unlawful spamming activity we will report such conduct as required by law and turn over all information, including personal information, to appropriate law enforcement persons or entities.
12. Proprietary Rights
13. No Misappropriation or Misuse of Names, Marks, other Proprietary Material
You agree not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the Service or the Site. If you use such proprietary material or content, by doing so, you warrant that you have the rights and authority to do so.
Vital Teams does not guarantee that your use of the Site or access to the Services will be confidential. Vital Teams is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of the Site or access to the Services. Any information that you disclose on this site: (i) may be used by Vital Teams, its agents and contractors in relation to the provision of Services accessible on the Site, including the marketing of those services; or (ii) may not be secure during its transmission over the internet. Third parties may be able to intercept transmissions which you make when using the Site. Some services which you may access on the Site allow you to receive content personal to you. If you use such a service, information permitting us to identify you will be transmitted over the internet.
15. Links and Advertisers
This Site contains links to third party sites. Vital Teams is not responsible for the condition or the content of those sites. The link (s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site (s) or the products or services provided there. You access those sites and use their products and services solely at your own risk. Vital Teams does not represent that the content or services available from third party sites are appropriate or available for use in all places. If you access other content or services from third party sites, Vital Teams is not responsible for your compliance with local laws or other applicable laws.
16. Content Disclaimer
You agree that in relation to the content displayed or accessed on this Site, access to the Services and use of the surveys (Content), Vital Teams does not, nor does any other party who provides Content to the Site, make any warranty as to the accuracy, completeness or currency of the Content. As a user of this site, you should make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content. To the extent permitted by law, Vital Teams and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission. To the extent that Vital Teams is prohibited at law from excluding its liability, Vital Teams and each party providing Content limits its liability to the extent permitted by law, to the resupply of the Content. Vital Teams does not accept responsibility for any liability in respect of access to other content through the use of this Site or the Services.
18. Nature of Agreement
19. General Provisions
20. Applicable Law
The Site (excluding any linked third party sites), Services and surveys are controlled by Vital Teams. By accessing the Site and using the Services, you accept that any disputes about the Site, Services or the Content are to be determined by the courts having jurisdiction in Queensland, Australia in accordance with the laws in force in Queensland (subject to the application of any principle of conflict of laws inconsistent with this requirement). This Site may be accessed throughout Australia and overseas. Vital Teams makes no representation that the content of the Site or provision of the Services complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.