TERMS OF USE

Publication and Effective Date: 24 May 2018

Acceptance of terms

Analytics2Insights is a service provided by Modernising Management (Pty) Ltd (MM).

The Website Services provided on https://www.analytics2insights.com website (“website”) and portal are subject to the following Terms of Use (“TOU”). We reserve the right to update the TOU at any time without notice. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” link located on the website pages.

Our services are governed by the following agreements and through using this service you accept all terms of all our agreements:

Our analytics2insights service provides cloud based analytics, reporting and advanced analytics services to business stakeholders and advisors.

Such services may include free and paid services and may include predictions, forecasting and prescriptive analytics. We do not take any responsibility for the correctness of data and or information provided in this Terms Of Use Policy.

These definitions should help you understand this policy: When we say “we”, “us”, “our”, “MM” and A2I we are referring to Modernising Management (Pty) Ltd a South Africa private, proprietary limited company.

Changes

We may change this Policy at any time and from time to time. The most recent version of the Policy is reflected by the version date located at the bottom of this Policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this Policy or other notice on the website. We encourage you to review this Policy often to stay informed of changes that may affect you, as your continued use of the website signifies your continuing consent to be bound by this Policy. Our electronically or otherwise properly stored copies of this Policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Policy which were in effect on each respective date you visited the website.

By accessing our website, portal and using the service provided you consent to the terms of this policy and agree to be bound by it and our terms of use.

Description of website services

We provide you with access to a variety of resources throughout this website, which may include upload and download areas, communication forums and information, and limited Analytics2Insights services as described below (collectively “Website Services”). The Website Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these TOU. These TOU do not apply to use of the Analytics2Insights cloud services platform or features, which is governed by the agreement under which you purchase such services. As a limited exception to the foregoing, if you do not have an Analytics2Insights subscription, these TOU will apply to the limited Analytics2Insights services you can use without a subscription.

Privacy and protection of personal information

See the Analytics2Insights Privacy Statement disclosures relating to the collection and use of your information.

Software available on this website

Any software that is made available to download and/or access from the Website Services (“Software”) is the copyrighted work of Modernising Management (Pty) Ltd and/or its suppliers. Use of the Software is governed by the license terms, if any, which accompany or are included with the Software (“License Agreement”). An end user will not be authorized to access or install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download and or access solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited.

Our solution software is “Powered By Qlik”

  • (i) Qlik shall not have any liability or responsibility to Customers;
  • (ii) Customers are expressly prohibited from using any Qlik Product in any way other than integrated with the OEM Product;
  • (iii) Customers are expressly prohibited from using any data structures not included in the OEM Products;
  • (iv) Customer has no independent license or any other right to the vendor products or to use such products independently from the OEM Product; and
  • (v) Customers may not sell, rent, sublicense, publish, display, loan, distribute or lease the OEM Products.

Materials posted on this website

All materials, including software, help topics, white papers, datasheets, videos, and FAQs (collectively “Materials”) that are made available as part of the Website Services are the copyrighted work of MM or its suppliers. Your use of these Materials is governed by one of two sets of license terms; if you are presented with a license for the Materials, the terms of that license apply; if no license is presented to you, these terms apply. MM reserves all other rights to the Materials not expressly granted under these license terms. In your use of the Materials you may not:

  • Remove, modify or tamper with any copyright notices;
  • Distribute the Materials to third parties, including by posting the Materials on any networked computer for access by any other computer on the network, or broadcast the Materials in any media; or
  • Make any modifications to the Materials.

Elements of Analytics2Insights Websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from Analytics2Insights Website may be copied or retransmitted unless expressly permitted by MM.

MM may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Materials. By providing the Materials to you, MM does not give you any license to these patents, trademarks, copyrights, or other intellectual property, unless MM does so expressly in writing.

Some Materials available as part of the Website Services are licensed to you by third parties. MM does not grant you any additional rights (express or implied) for such third-party Materials.

MM does not claim ownership of any materials you provide to MM (including feedback, suggestions and or recommendations) or post, upload, input, or submit to any Website Services for review by the general public, or by the members of any public or private community (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting MM, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all MM services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; to publish your name in connection with your Submission; and to sublicense such rights to any supplier of the Website Services.

Liability Disclaimer

MM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS AND RELATED GRAPHICS PUBLISHED AS PART OF THE WEBSITE SERVICES FOR ANY PURPOSE. ALL SUCH MATERIALS AND RELATED GRAPHICS, AND THE WEBSITE SERVICES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MODERNISING MANAGEMENT (PTY) LTD AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE FOREGOING, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE MATERIALS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MM AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE SERVICES AND/OR THE MATERIALS DESCRIBED HEREIN AT ANY TIME.

IN NO EVENT SHALL MM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE THE WEBSITE SERVICES, ANY PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE SERVICES, OR ANY INFORMATION AVAILABLE FROM THE WEBSITE SERVICES. THE AGGREGATE LIABILITY OF MM ARISING UNDER THIS AGREEMENT WILL NOT EXCEED $5.00 USD.

Correctness of data, information and insights

Analytics should be utilized as a decision support tool as it does not account for many variances in your business environment, the biggest of which is the human and different market factors. MM provides analytics on data provided by other systems and have applied best practice transformations on such data to provide the user with the most accurate information possible to be utilized within your own business context. MM does not take any responsibility or liability for the use nor interpretation of the information and insights generated through the services. MM does not take responsibility for the correctness or availability of source data and source system data.

Additionally to the analytics and reporting generated, we apply advanced analytics methods and algorithms to the data to provide predictive and prescriptive intelligence. MM has applied such methods and algorithms in a manner that would be the most effective decision support or action support system to the general use case and user, and as such is not specific or customized for the specific user data and case and should be used in this context. MM may provide augmented data to enrich the intelligence for the general use case, and MM takes no responsibility for the utilization  nor interpretation of such data, the sources of such data or insights generated from such data.

Unsolicited idea submission policy

Neither MM nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, promotions, products or technologies, processes, materials, marketing plans or product names. Please do not send any artwork, samples, demos, or other unsolicited ideas to MM or anyone at MM. The sole purpose of this policy is to avoid potential misunderstandings or disputes when MM products or marketing strategies might seem similar to ideas submitted to MM. If, despite our request you not send us your ideas or materials, you still send them, please understand that MM makes no assurances that your ideas or materials will be treated as confidential or proprietary.

Account password and security

If any of the Website Services require you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and any other non-public account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MM immediately of any unauthorized use of your account or any other breach of security. MM will not be liable for any loss that you may incur as a result of someone else using your user name, password, or account, either with or without your knowledge. However, you could be held liable for losses incurred by MM or another party due to someone else using your user name, password, or account. You may not use anyone else’s account at any time without the permission of the account holder.

No unlawful or prohibited use

As a condition of your use of the Website Services, you will not use the Website Services for any purpose that is unlawful or prohibited by these TOU. You may not use the Website Services in any manner that could damage, disable, overburden, or impair any MM server, or any networks connected to any MM server, or that could interfere with any other party’s use and enjoyment of any Website Services. You may not attempt to gain unauthorized access to any Website Services, other accounts, computer systems, or networks connected to any MM server or to any of the Website Services through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website Services.

Use of communication services

The Website Services may contain message or communication facilities designed to enable you to communicate or share materials or solutions with others (each a “Communication Service” and collectively the “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and materials that are proper and, when applicable, related to the particular Communication Service. If you choose to share materials or solutions with others using a Communication Service, you agree that you are giving a license to all users of the Communication Service, including the rights to use, modify, and repost such materials or solutions, and you are allowing MM to make them available to such users in a manner and location of its choosing. In using the Communication Services, you may not:

  • Use the Communication Services in connection with surveys or contests (except and to the extent offered by MM, our partners, or our customers through this Website), pyramid schemes, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material or information;
  • Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
  • Use any material or information, including images or photographs, which are made available through the Website Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless a Communications Service specifically allows such messages;
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, or distributed in such manner;
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Restrict or inhibit any other user from using and enjoying the Communication Services;
  • Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service;
  • Harvest or otherwise collect information about others, including e-mail addresses;
  • Violate any applicable laws or regulations;
  • Create a false identity for the purpose of misleading others; or
  • Use, download, or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of the Website Services or other user or usage information or any portion thereof.

MM has no obligation to monitor the Communication Services. However, MM reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. MM reserves the right to terminate your access to any Communication Service at any time, without notice, for any reason whatsoever.

MM reserves the right at all times to disclose any information to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in MM’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. MM does not control or endorse the content, messages, or information found in any Communication Services and, therefore, MM specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized MM spokespersons, and their views do not necessarily reflect those of MM.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, or dissemination. You are responsible for adhering to such limitations if you download such materials.

PAYMENT TRANSACTIONS

Delivery policy

Subject to availability and receipt of payment, requests will be processed within two (2) days and delivery of your license will be confirmed by way or an email from our ecommerce system.

Return and Refunds policy

The provision of goods and services by (MM) is subject to availability. In cases of unavailability, (MM) will refund the client in full within 30 days. Cancellation of orders by the client will attract a 15 % administration fee.

Customer Privacy policy

MM shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

Payment options accepted

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the (MM) bank account, the details of which will be provided on request.

Card acquiring and security

Card transactions will be acquired for (Your Company) via PayFast (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. PayFast is a verify SSL PCI DSS Service Provider Level 1 Compliant. Users may go to www.payfast.co.za to view their security certificate and security policy.

Customer details separate from card details

Customer details will be stored by (MM) separately from card details which are entered by the client on PayFast’s secure site. For more detail on PayFast refer to www.payfast.co.za.

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Responsibility

MM takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Country of domicile

This website is governed by the laws of South Africa and MM chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, PO Box 2711 Bedfordview 2008, Johannesburg South Africa.

Feedback

If you provide feedback to MM, you give MM an irrevocable, perpetual, sublicensable right to use, share, and commercialize your feedback in any way and for any purpose at no charge. You also give third parties any patent rights in your feedback needed for their products, technologies, and services to use or interface with any specific parts of a MM software or service at no charge. You will not give feedback that is subject to a license or other obligation that requires MM to grant or pass through any rights or make any disclosures or payments to third parties. These rights survive these terms.

No compensation will be paid with respect to the use of your Submission, as provided herein. MM is under no obligation to post or use any Submission you may provide, and MM may remove any Submission at any time in its sole discretion.

By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these TOU including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission.

In addition to the warranty and representation set forth above, by posting a Submission that contain images, photographs, pictures, or content that is otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use the Images or any content contained in the Images consistent with the manner and purpose of your use and as otherwise permitted by these TOU and the Website Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these TOU, and (c) each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these TOU, including, by way of example and not as a limitation, the distribution, public display, and reproduction of such Images.

By Posting Images, you are granting (a) to all members of your private community (for each such Image available to members of such private community), and/or (b) to the general public (for each such Image available anywhere on the Website Services, other than a private community), permission to use such Image in connection with the use, as permitted by these TOU, of any of the Website Services; a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat such Image without attribution, and the right to sublicense such rights to any supplier of the Website Services. The licenses granted in the preceding sentences for an Image will terminate at the time you completely remove such Image from the Website Services, provided that such termination shall not affect any licenses granted in connection with the Image prior to your complete removal of the same. No compensation will be paid with respect to the use of any such Images.

Links to third-party sites

The Website Services may contain links to third party websites that are external to the Website. These websites are not under MM’s control. MM makes no effort to review the content of these websites, including the validity, legality, copyright compliance, or decency of such content, and is not responsible for the content of these websites. If MM has included these links in the Website to third-party websites, such links are provided for convenience only. MM does not endorse or make any representation, guarantee, or assurance regarding any third-party website, service, or product. Any third-party product or service that you acquire, and any exchange of data between you and such third-party provider, is solely between you and the third party. Third party websites may be subject to the third-party’s terms, conditions, and privacy statements. MM may disable links to any third-party website that you or others post on the Website.

Intellectual property rights

MM or its suppliers retain all right, title, and interest in and to the Website and the Website Services, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. MM reserves all rights not expressly granted. These TOU do not grant or imply any rights to any MM or supplier trademarks, trade names, or logos.

Any rights not expressly granted herein are reserved.

Send your questions to the appropriate contact as listed below:

  • Piracy questions can be routed to privacy@analytics2insights.com.

Notices and procedure for making claims of copyright infringement

Notifications of claimed copyright should be sent to the Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Reporting Infringement to MM

MM respects the intellectual property rights of others. If your copyright or trademark is being infringed, you may notify MM by sending an email to privacy@analytics2insights.com

 

Copyright notice

© 2018 Modernising Management (Pty) Ltd. All rights reserved.