Welcome to RoleQ, a digital employee feedback platform that lets an organisation see what is happening in roles across the organisation.
In these Terms:
“we”, “our” and “us” refers to RoleQ Limited; and
“you” and “your” refers to you – being an employee, contractor, officer, agent or client of Your Organisation authorised to access and use the RoleQ Services and Documentation.
Please read these Terms carefully before registering to use RoleQ. By using RoleQ you agree to follow and be bound by these Terms. At the end of this document, please click the “Accept” button to indicate your acceptance of these Terms. If you do not agree to all the Terms, you must not use RoleQ.
These Terms may be varied by us at any time, effective when we post the varied terms on the RoleQ Website or otherwise notify you in writing (including by email). You will ensure that you have read, understood and agreed to the most recent terms posted on the RoleQ Website or otherwise notified to you.
In these Terms, unless the context otherwise requires:
|Documentation means the documentation (if any) made available to you by us through the RoleQ Services, which sets out a description and user instructions for the RoleQ Services;|
|Intellectual Property Rights means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual property rights, whether registered, in the course of being registered or unregistered and any analogous rights worldwide;|
|Master Subscription Agreement means the agreement (if any) entered into between Your Organisation and us in relation to the RoleQ Services;|
|RoleQ Services means the cloud-based software services called “RoleQmap” made available to you and Your Organisation by us on a subscription basis under the Master Subscription Agreement and via the RoleQ Website;|
|RoleQ Website means www.roleq.com or any other URL address notified to you by us from time to time;|
|Subscription Term means the term of Your Organisation’s subscription under the Master Subscription Agreement;|
|User means an individual or entity that accesses and/or uses the RoleQ Website;|
|User Generated Content means any content posted on or via the RoleQ Website that is generated or uploaded by a User;|
|Virus means any thing or device (including any software, code, file or program) which may: (a) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; (b) prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or (c) adversely affect the user experience, including worms, trojan horses, malware, viruses and other similar things or devices;|
|Your Data means any data inputted by you on the RoleQ Website or provided by you for the purpose of using (or facilitating your use of) the RoleQ Services; and|
|Your Organisation means the entity of which you are an employee, contractor, officer, agent or client, and which has entered into a Master Subscription Agreement with us.|
In these Terms, unless the context requires otherwise:
RoleQ grants you a non-exclusive, non-transferable right to access and use the RoleQ Services and the Documentation during the Subscription Term solely for Your Organisation’s internal business operations, on the terms and conditions set out in these Terms and the Master Subscription Agreement.
You will not access, store, distribute or transmit any Viruses, and RoleQ may, without liability, disable your access to the RoleQ Services if you are in breach of this clause.
You will not:
You will use all reasonable endeavours to prevent any unauthorised access to, or use of, the RoleQ Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify RoleQ.
We both acknowledge and agree that you will have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Data.
We will take appropriate technical, physical and organisational measures and safeguards against unauthorised or unlawful processing of Your Data or its accidental loss, destruction or damage and we will, as part of these measures, use reasonable endeavours to back-up Your Data. You acknowledge that if there is any loss or damage to Your Data, your sole and exclusive remedy will be for us to use reasonable commercial endeavours to restore such lost or damaged data from the latest back-up of Your Data maintained by us. We will not be responsible for any loss, destruction, alteration or disclosure of Your Data caused by any third party.
You acknowledge and agree that we may use Your Data for:
You acknowledge and agree that we and/or our licensors own all Intellectual Property Rights:
Except as expressly stated in these Terms, we do not grant you any rights to, or in, the Services or the Documentation.
We acknowledge and agree that, subject to clause 5.1, you own the Intellectual Property Rights in Your Data. You grant to us a non-exclusive right to use Your Data to perform our obligations and exercise our rights under these Terms.
We confirm that we have all the rights in relation to the RoleQ Services and Documentation that are necessary to grant all the rights we purport to grant under these Terms.
You are permitted to post User Generated Content to the RoleQ Website, including for the purpose of providing Your Organisation with details of specific activity you undertake in your role in the organisation.
You will not post on the RoleQ Website, or transmit to other Users, any User Generated Content (including links to other content), or otherwise engage in any activity through the RoleQ Website, that:
You acknowledge and agree that:
We may at any time edit or remove User Generated Content that we in our discretion (acting reasonably) consider breaches these Terms or is otherwise inappropriate for the RoleQ Website.
Where you publish or upload User Generated Content on the RoleQ Website, you and Your Organisation are deemed to have granted us a non-exclusive, perpetual and worldwide licence to use such content for the purposes of exercising our rights and performing our obligations under these Terms and the Master Subscription Agreement.
You acknowledge that under the Master Subscription Agreement, Your Organisation has agreed that no authorised user (including you) may make a claim in relation to the Master Subscription Agreement or the RoleQ Services. Where you suffer any loss or damage which, if suffered by Your Organisation, would be recoverable from RoleQ, then Your Organisation may make a claim on your behalf in relation to such loss or damage.
We may, at our discretion, suspend your access to the RoleQ Services if you fail to comply with these Terms.
These Terms will automatically terminate when the Master Subscription Agreement terminates for any reason.
On termination of these Terms all licences granted under these Terms will immediately terminate and you must cease using the RoleQ Services and the Documentation.
Any dispute arising under these Terms will be resolved in accordance with the process set out in the Master Subscription Agreement.
These Terms and the Master Subscription Agreement constitute the entire agreement between us, you and Your Organisation about their subject matter and supersede any previous understanding or agreements on that subject matter.
If any part or a provision of these Terms is judged invalid or unenforceable in a jurisdiction, it is severed for that jurisdiction and the remainder of these Terms will continue to operate.
These Terms will be governed by and construed in accordance with the laws of New Zealand.