“The Website” refers to the Evalu8 Online website. This means the website that is publicly available via the internet and contains information relating to the services, products, client lists and general marketing material of Governance Best Practice and Evalu8 Ltd. The website also contains a restricted website portal for authorised and licensed User access to Evalu8 Online™
Evalu8 Online™ Resellers and Agents Contract Agreement (Only)
Use of the website and Evalu8 Online™
You must not:
Republish material from the website (including republication on another website);
Sell, rent or sub-licence material from the website;
Show any material from the website in public;
You must not use the website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Access to certain areas of the website, including the product Evalu8 Online™, is restricted. Evalu8 Ltd reserves the right to restrict access to other areas of the website, or indeed the whole website, at our discretion.
Evalu8 Ltd may disable your User ID and Password at our sole discretion without notice or explanation if we determine, acting reasonably, that you are in breach of these terms and conditions.
User generated content
An exception to 6.1 will be where all “Appraisals” generated by the User under licence will be the property of Evalu8 Ltd. Appraisals are defined as a series of questions produced by the User under specific headings or categories relevant to your organisations business activity, generic or otherwise, that ultimately form an appraisal/questionnaire/survey.
Your User content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any User content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
To the maximum extent permitted by applicable law Evalu8 Ltd exclude all representations, warranties and conditions relating to the website (other than the representation given in (2) above that Evalu8 Ltd are entitled to licence you to use the Evalu8 online application and the website) and the use of the website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations of liability
to the extent that the website and the information and services on the website are provided free-of-charge, Evalu8 Ltd will not be liable for any loss or damage of any nature;
Evalu8 Ltd will not be liable for any consequential, indirect or special loss or damage;
Evalu8 Ltd will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
Evalu8 Ltd will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
The maximum liability to Evalu8 Ltd in relation to any event or series of related events will be limited to £1,000,000
Exclusion of third party rights
Law and jurisdiction
The full name of our company is Evalu8 Limited trading as Governance Best Practice and Evalu8 Online™
Evalu8 Ltd is registered in England & Wales under registration number 5040918
Our registered address is 180 Piccadilly, London, W1J 9HF
You can contact us by email to firstname.lastname@example.org or email@example.com
In any calendar year, we guarantee that Downtime will not exceed two periods of Downtime excluding, however, regularly scheduled maintenance. Any regularly scheduled maintenance will be performed during the hours of 12:00 am to 04:00 am Greenwich Mean Time.
If Downtime exceeds these periods in any calendar year, we will, upon your written request, credit your account in an amount equal to the value of the annual contract (ex VAT) divided by 12 up to a maximum of 100% of the contract value.