Curo Pay Equity Tracker Terms and Conditions - Curo Compensation

Curo Pay Equity Tracker Terms and Conditions

1 DEFINITIONS

1.1 “Applicable Laws” means all applicable laws, statutes and regulations from time to time in force relevant to the provision of the Services.

1.2 “Business Day” means a day other than a Saturday, Sunday or public holiday in the USA.

1.3 “Consultancy Service Provider(s)” means 3rd party providers (approved by the Supplier) who the Supplier may choose to use to provide the Customer with Consulting Support from time to time.

1.4 “Consulting Support” means consulting services support from the Suppliers reward specialists or Consultancy Service Providers, to guide the Customer through detailed understanding of the regression analysis options & output and budget modelling & optimisation.

1.5 “CuroPET” means the Pay Equity Tracker product developed by the Supplier – available in 2 versions – Basic and Advanced.

1.6 “Customer” means the person or firm who purchases Services from the Supplier.

1.7 “Data Breach” means (i) any unauthorised loss, corruption, damage, destruction, alteration, disclosure or access to any Personal Information; (ii) any unauthorised or unlawful Processing of Personal Information; or (iii) any breach of Data Privacy Laws.

1.8 “Data Controller” has the meaning given to “Controller” under the General Data Protection Regulation (EU 2016/679).

1.9 “Data Management Services” means the data management services to be provided by the Supplier as described in clause 7.1.

1.10 “Data Privacy Laws” means all laws in any relevant jurisdiction that relate to data protection, privacy, the use of information relating to individuals, and/or the information rights of individual including, without limitation, (from 25 May 2018) the General Data Protection Regulation (EU 2016/679), and the equivalent in any other relevant jurisdictions all as amended or replaced from time to time.

1.11 “Data Processor” has the meaning given to “Processor” under the General Data Protection Regulation EU 2016/679).

1.12 “Data Subject” has the meaning given under the General Data Protection Regulation (EU 2016/679).

1.13 “EEA” means the member states of the European Union, Norway, Iceland and Liechtenstein.

1.14 “ICO” means the UK Information Commissioner’s Office, or the equivalent national data protection authority in any relevant jurisdiction.

1.15 “Personal Information” means any information which: i) falls within the definition of “Personal Data” under the General Data Protection Regulation EU 2016/679; and ii) in relation to which the Supplier is providing the Services or which the Supplier is required to Process (subject to the Data Privacy Laws) in connection with this agreement.

1.16 “Processing” has the meaning given under the General Data Protection Regulation EU 2016/679) (and Process, Processed and Processes shall be construed accordingly).

1.17 “Product Support” means support from the Supplier’s product support specialists to guide the Customer through the initial set-up, training and address follow-up questions.

1.18 “Services” means the provision of (1) the CuroPET Solution, (2) Product Support and (3) Consulting Support.

1.19 “Supplier” means Curo Compensation Limited.

1.20 “VAT” means Value Added Tax

1.21 “Website” means https://us.curopetracker.com

2 TERMS AND CONDITIONS

2.1 These terms and conditions will apply to the Services purchased from the Supplier by the Customer. These terms and conditions form part of an agreement between the Customer and the Supplier. No other terms and conditions shall apply.

3 PROVISION OF SERVICES

3.1 These terms and conditions apply to the purchase of any of the following Services by the Customer from the Supplier:

4 CUROPET SOLUTION

4.1 The CuroPET Solution is available in the following two standards:

4.2 These terms and conditions will apply to the Basic Standard and Advanced Standard versions of the CuroPET solution.

4.3 When the Customer submits the relevant data to the CuroPET Solution available from the Website, the Customer will be provided with the results in the form of various graphical and tabular reports (CuroPET Output) via the Customer’s account on the Website.

4.4 The reliability of the CuroPET Output is dependent on the accuracy and quality of the data uploaded to the Website by the Customer and the various modelling options selected by the Customer. The Supplier does not offer any guarantee or warranty, express or implied, concerning the accuracy, comprehensiveness or suitability of the information provided in the CuroPET Output.
It is the Customer’s sole responsibility (a) To check the validity of the configuration options (b) For the choice of model parameters and (3) The quality and accuracy of the data input (d) For interpretation of the model and analytics output.

4.5 The results of the CuroPET Solution are for the use of the Customer only.

5 CONSULTING SUPPORT

5.1 The Supplier may engage Consultancy Service Providers to provide the Consulting Support which the Supplier provides to the Customer, as an option, on these terms and conditions.

5.2 The Supplier shall use reasonable care and skill in the provision of the Consulting Support.

5.3 The Supplier shall endeavour to provide the Consulting Support by the date agreed with the Customer but time shall not be of the essence in relation to such obligations.

5.4 If the Supplier is prevented or delayed from performing its obligations due to an act or omission on behalf of the Customer, payment or part payment could still be required for the Consulting Support delivered.

5.5 The Supplier shall be entitled to engage the services of independent contractors of its own to assist with its duties.

5.6 The Customer will supply their personal information to the Supplier who shall provide it directly to the Consultancy Service Provider.

6 CUSTOMER OBLIGATIONS

6.1 By purchasing the Consulting Support in clause 5, the Customer agrees that they shall:

7 CUSTOMER ACCOUNT

7.1 In order to use the Services, the Customer must create an account with the Supplier. The Customer must keep their password and account details confidential and the Customer is responsible for any activities that occur on the Customer’s account. The Supplier shall not be liable to the Customer or any third party for any loss or damage which may arise as a result of any failure by the Customer to keep the Customer’s password or account confidential. In the event that the Customer suspects someone else may be using the Customer’s account, the Customer should notify the Supplier immediately. For information on how the Customer’s personal data is collected and processed by the Supplier, please see the Supplier’s privacy policy at [insert link].

8 INTELLECTUAL PROPERTY RIGHTS

8.1 All Intellectual Property Rights in or arising out of or in connection with the Services and in the design, content and arrangement of the Website (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by the Supplier.

8.2 Aside from the CuroPET Output that the Supplier will provide to the Customer, the Customer may not download, store, alter, adapt or reproduce any of the material provided in relation to the Services or on the Website without acknowledging the Supplier as the full copyright owner.

8.3 Once the CuroPET Output has been provided by the Supplier to the Customer, the Customer will own the CuroPET Output. The Customer grants the Supplier the right to use the Customer’s branding for the sole purpose of preparing the CuroPET Output.

9 DATA PROTECTION AND DATA PROCESSING

9.1 The provision of the Services may require the Supplier to Process Personal Information for and on behalf of the Customer. In respect of such Processing, the parties acknowledge and agree that:

9.2 The Customer shall:

9.3 When Processing Personal Information as part of the delivery of the Services, the Supplier shall:

9.4 The Supplier has the right to sub-contract the Processing of Personal Information. The Supplier’s sub-contractors will comply with these terms and conditions, as if those subcontracting were a party hereto.

9.5 Where the Supplier sub-contracts its Processing of Personal Information to a third party in accordance with clause 9.4 above, the Supplier shall:

9.6 The Customer shall indemnify, defend and hold harmless the Supplier from any and all losses, liabilities (including provision for contingent liabilities), fines, compensation, damages, costs and expenses arising from or in connection with any Data Breach by the Customer.

10 TERMINATION AND SUSPENSION

10.1 The contract formed between the Supplier and the Customer on the basis of these terms and conditions shall automatically continue after acceptance by the Customer of these terms and conditions, until terminated by either party. The Services will continue to be provided by the Supplier on a 12 month rolling basis and the Customer will be invoiced in advance for each 12 month block.

10.2 In relation to the provision of the Services, either party may terminate this agreement by written notice in the event that:

10.3 Upon expiration or termination of these terms for any reason:

11 SUPPLIER’S LIABILITY

11.1 The Supplier excludes to the fullest extent permitted by law any liability for any loss or damage, howsoever arising, out of or in connection with the Customer’s use of the CuroPET Solution, the Website, and the provision of Product Support and Consulting Support, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, loss arising from use or inability to use, loss arising from any errors or omissions in the Website provided always that the Customer’s statutory rights are not affected by such exclusions.

11.2 In relation to the Customer’s use of Product Support and Consulting Support, the Supplier shall not be liable to the Customer whether in contract, tort (including for negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise for any loss of profits, loss of business, depletion of goodwill or similar losses, or pure economic loss, or for any indirect or consequential loss, costs, damages, charges or expenses howsoever arising.

11.3 The Customer hereby indemnifies the Supplier against any and all liabilities, costs (including legal costs), expenses, damages and all other losses suffered or incurred by the Supplier and arising out of or in connection with:

11.4 The Supplier’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of the Consulting Support will be limited to the fee received by the Supplier from the Customer during the preceding 12 month period.

11.5 The Supplier makes every effort to ensure that the Website is free from viruses or defects. However, the Supplier cannot guarantee that the Customer’s use of the Website or any the websites accessible through it will not cause damage to the Customer’s computer and no warranty is given in that respect. It is the Customer’s responsibility to ensure that the Customer has the right equipment required to use this Website and that the Customer screens out anything that may damage it. The Supplier will not be liable to the Customer or any third party for any loss or damage which may arise to computer equipment as a result of using the Website.

11.6 The Supplier does not exclude or limit in any way the Supplier’s liability to the Customer where it would be unlawful to do so. The Supplier accepts full liability for any:

12 FORCE MAJEURE EVENT

12.1 Neither party will be liable for any failure or delay or for the consequences of any failure or delay in performance of these terms and conditions if such delay or failure results from events, circumstances or causes beyond its reasonable control.

13 ASSIGNMENT

13.1 The Supplier may transfer, assign, sub-contract or otherwise dispose of the Supplier’s rights and obligations under these terms and conditions to any person at any time provided that the Supplier reasonably believes that the Customer’s rights will not be affected.

13.2 The Customer may not transfer, assign, amend or dispose in any way of any of the Customer’s rights or obligations arising under these terms and conditions, without the Supplier’s prior written consent.

14 CONFIDENTIALITY

14.1 Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the terms and conditions.

15 ENTIRE AGREEMENT

15.1 These terms and conditions constitute the entire agreement between the Supplier and the Customer and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

15.2 Each party acknowledges that in entering into these terms it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty that is not set out in these terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the terms.

15.3 Nothing in this clause shall limit or exclude any liability for fraud.

16 VARIATION

16.1 The Supplier has the right to vary these terms and conditions from time to time. The revised terms and conditions will be applicable with immediate effect once published on the Website. It is the Customer’s responsibility to regularly consult the Website to check for updates to the terms and conditions.

17 WAIVER

17.1 A waiver of any right or remedy under these terms and conditions or by law is only effective if given in writing and shall not be deemed to be a waiver of any subsequent breach or default.

18 SEVERABILITY

18.1 If any provision or part-provision of the terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.

18.2 If modification is not possible, the relevant provision or part-provision shall be deemed deleted.

18.3 Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these terms and conditions.

19 THIRD PARTY RIGHTS

19.1 A person who is not a party to these terms has no rights to enforce any term of, or enjoy any benefit under these terms.

20 GOVERNING LAW AND JURISDICTION

20.1 These terms and conditions shall be governed by and construed in accordance with the laws of the State of Delaware.