PLEASE READ THE FOLLOWING TERMS OF SERVICES (“TERMS”) CAREFULLY AND CONSTITUTE A LEGAL AGREEMENT. YOUR USE OF THIS WEBSITE AND SERVICES HEREUNDER ARE GOVERNED BY THESE TERMS. IF YOU DON’T AGREE TO ANY PROVISIONS OF THESE TERMS OR AMENDED TERMS, YOU MUST NOT USE THIS WEBSITE. YOUR USE AND CONTINUED USE OF THIS WEBSITE WITH OR WITHOUT READING THESE TERMS SHALL BE CONSIDERED THAT YOU AGREE TO THESE TERMS.
Services refer to all services available on this Website for a price or on the trial basis.
We, our and us or Switchback refers to Switchback System Corp, a business organization registered under the applicable laws in Canada.
You, your or User includes a person or entity using this Website or Services by itself or Administrator and does not include a minor and user who is expressly prohibited to use this Website.
Administrator refers to a living person who is authorized to use the Services and create and maintain User Account on the behalf of the User
Applicable laws refers to the laws for the time being in force in the jurisdiction where the User resides and the laws of Canada.
Platform or Website refers to website (url), ios and android apps that are available on the Website or any app store.
To use or access this Website and use our Services, you must:
be over the age of eighteen (18) years and can create legal agreement;
have provided us with truthful, current and complete information, and agree to keep them up to date;
not be living in the countries which are sanctioned by Canada.
SERVICES AND SUBSCRIPTION FEE:
You may visit this Website and review the information for free. However, our Services are available to our Subscribers only. You may access to our Services by subscribing to monthly or annual subscription. You are encouraged to visit our pricing page to check the available subscription plans, acceptable payment method, scope and details of Services and subscription fee. We may change the subscription fee, subscription plan and scope of Services at any time without prior notice, provided that we will notify our current subscribers for any such changes.
The subscription fee is payable in the USD and does not include any sales tax, VAT, or other taxes and you will be responsible for all such taxes if they are applicable to your subscription. In case, we are liable to withhold such taxes, we will receive the payments from you along with the subscription fee and deposit the same to the concerned authority.
Your subscription will automatically renew at the expiry of the same. If you don’t want to use our Services beyond your current subscription plan, please notify us in the prescribed manner prior to the renewal of your subscription.
You may make refund requests within thirty (30) days of your subscription. You may contact us through our support for refunds. You will be responsible for the costs incurred in the processing of the refunds.
By providing the payment method to be charged for the payment of the subscription fee, you hereby warrant that you have full authority to use such payment method. Furthermore, you also authorize us to use the payment method for renewal of the subscription at the end payment cycle. If the payment method cannot be processed at the end of your subscription, your subscription will not be renewed. You agree to keep all information relating to your payment method current and updated so that our payment requests don’t fail.
If your payment method does not allow automatic recurring payments, we may renew your subscription and will issue invoice to that effect. The invoice must be paid within thirty (30) days of the invoice date. Any delay in the payment of the subscription fee will incur an interest @ 1.5% per month or such high rate fixed by the applicable laws.
REGISTRATION AND USER ACCOUNT:
Unless you are expressly prohibited, you may visit our Website and review information without creating a user account. However, if you want to use Services, you must have a user account on this Website. At the time of creating your User Account, you will be required to fill a form with certain information about you such as your name, contact details, IP address, email, phone number, organization name, number of employees, state, country and other identifiable information. You must provide us with accurate, complete and updated information. You agree to keep your information up to date.
We may need to communicate with you regarding your User Account, new offers and services we may introduce on this Website from time to time. You agree that we may communicate with you in accordance with the preference you may have set on your User Account.
The User Account is for your own business. You cannot assign, transfer, lease or sublicense to any third party organization.
Depending on the scope of your subscription, we will allocate a certain number of respondent’s engagement user accounts (“Respondents’ Account”). You refer the respondents to us in the prescribed manner to create Respondents’ Account and participate in the survey.
No respondent can create multiple Respondents’ Accounts on this Website. If a respondent has forgotten the password, he/she may generate new password in the prescribed manner. The respondent must not impersonate any other person by providing us with the false information. Failure to observe the foregoing provisions shall constitute a material breach of these Terms.
The respondents must use the Respondents’ Account in the manner contemplated under these Terms and must not engage in the restricted activities. The Subscriber is responsible to ensure full compliance with the Terms by their respondents. In case you have terminated any employee and don’t want to engage him in the survey, you must notify us in writing.
The User Account is created, maintained and administered by person who has legitimate authority to act on the behalf of the business. You warrant and represent that you have legitimate authority to create, maintain and administer User Account on the behalf of the business.
Confidential Information includes any information disclosed by one party to the other party in connection with the use of our Services and consist of such information which is either expressly marked or specified such as survey data and survey results or any information which may reasonably be identified as Confidential Information; provided that no information falls within the scope of Confidential Information that (i) is or becomes publicly known by no fault of the recipient of the information; (ii) the recipient of the information already knew lawfully without any confidentiality requirement; (iii) was lawfully disclosed to the recipient of the information by a third party; or (iv) was independently and distinctly developed by the recipient of the information.
Each party must protect the Confidential Information of the other using the efforts, safeguards and measures matching the industry standards. No part of the Confidential Information of one party shall be shared or disclosed to any third party except to close group of trustworthy employees who are bound by a non-disclosure agreement who can only access such information on the need-to know basis in connection with your use of the Services.
We reserve the right to disclose your Confidential Information to the legitimate authorities in response to their legitimate requests. In addition, we may disclose your Confidential Information to the concerned authorities where we have reasonable to believe that such disclosure is required to prevent any fraudulent activities.
Confidentiality of survey data:
All surveys are conducted on the basis of anonymity. The identifiable information of the survey respondents will never be integrated with the survey responses, results and reporting, unless the survey is not conducted anonymously. In each case, the respondents will be notified through a notice (“Notice”) specifying the nature and scope of the confidentiality of the survey. All disclosures in connection with the respondents’ data will be governed by the Notice. You agree to comply with the terms of the Notice.
INTELLECTUAL PROPERTY RIGHTS AND LICENSE:
Our Content refers to the content on this Website and the Services including, but not limited to, services, information, text, files, design, images, graphics, icons, logos, tools, applications and programs.
Our Content and Services available on this Website are the intellectual property and sole ownership of Switchback System Corp and its licensors (“Copyrighted Material”). Unless otherwise provided hereunder, no part of Copyrighted Material can be used contrary to these Terms.
Subject to the Terms, we grant you a non-exclusive, limited, non-transferable, non-sublicensable and temporary license to visit, create user account on this Website and use the Services and any or all parts of Our Intellectual Property solely for the purposes and in the manner contemplated hereunder. You cannot sell, transfer, assign, sublicense, lease or grant any part of the Copyrighted Material or in any manner commercially exploit or create derivative works based on the same.
Except to the extent permitted by these Terms and any applicable laws, any reproduction, modification, distribution, publication, or retransmission of Our Intellectual Property is strictly prohibited unless we expressly give you the consent to that effect.
Switchback is our registered trademark in Canada. Any trademarks, logos or service marks available on this Website are the intellectual property of their respective owners. We reserve all rights in the Copyrighted Material which are not expressly granted or claimed. Nothing in these Terms shall be deemed to assign you any authority to transfer the license or any right to any third party unless it falls within the scope of the subscription.
User Content and grant of license:
User grants Switchback System Corp an irrevocable, royalty-free, sublicensable, world-wide and unlimited license to use, reproduce, publish, perform, process, aggregate, edit, convert and otherwise exploit any User Content in connection with the Services, including, without limitation, survey questions, answers, responses, personal information, suggestions, feedback, comments, reviews and any other data in any format, whether currently known or may be invented and developed in future.
We reserve the right to monitor, review and keep record of the activities of the User on the individual basis to prevent fraudulent activities. No part of the User Content shall be used in violation of the Confidentiality provisions of the Terms.
You agree that we may use your name or logo in promotional and marketing or company profile without any further approval from you. If you don’t allow such use, you may contact through our support team.
NATURE OF SERVICES:
We are in no shape or form professional statisticians, surveyors, advisors, consultants and analysts, healthcare providers, medical advisors, or general advisors but a technology company that provides you with the Services including, without limitation, applications collecting survey data, reporting the survey results and providing e-learning via your phone, tablet or computer. The reporting on the basis of technology based survey and e-learning are for your general information and don’t substitute for professional and expert advice. We do not suggest, assume or otherwise endorse that our Services are an appropriate or effective solution for the issues facing your business or employees.
The Services consist of technology which interprets the survey data on the basis of the modern theoretical assumptions, mathematical and statistical formula. In addition, our Services rely heavily on the survey data collected from the respondents who are not subject to our control and may not respond honestly or truthfully which limit the utility and reliability of our Services.
This Website and Services are made available solely for educational and general information purposes. We are not offering it as legal, accounting, psychological consultancy, healthcare services or other professional services advice or consultancy. No claims are made or inferred in this Website and Services. You are solely responsible for any acts taken in reliance on results, reports or any data derived from this Website or Services. While best efforts have been used in delivery the Services or making available the Services, we make no representations or warranties of any kind and assume no liabilities of any kind with respect to the accuracy, reliability, suitability, merchantability, fitness or/and completeness of the Services and specifically disclaim any implied warranties of merchantability or fitness of use for a particular purpose. The contents and data on this Website and Services are personal opinions and observations, based on maker’s personal experience, or formulas incorporated thereto and should not be taken as anything more than that.
Neither the we nor our developers shall be held liable or responsible to any person or entity with respect to any loss or incidental or consequential damages caused, or alleged to have been caused, directly or indirectly, by the information, data or programs contained herein. The advice and strategies contained herein may not be suitable for your situation. No one should make any decision without first consulting his or her own professional and conducting his or her own research and due diligence. You should seek the services of a competent professional before beginning any program or taking any actions. You are responsible for complying with the applicable laws of your local jurisdiction. You are solely responsible for the consequences of your use of this Website and Services.
WARRANTIES AND REPRESENTATION:
As above provided, we are not professional statisticians, surveyors, consultants, healthcare providers, medical advisors, general advisors and analysts but a technology company that provide technology products and solutions constituting our Services in accordance with current industry standards. You are encouraged to seek for expert opinion before making any decision. Our Services may have certain risks and problems. You acknowledge that you understand the risks and limitation and are using this Website and our Services at your own risk.
Subject to the applicable law and Terms, we provide our Services on “as-is” and “as available” basis and provides no express or implied warranties and representations:
As to the accuracy, timeliness, reliability, utility, merchantability, perfection and completeness of our Services;
That any information or data transmitted, exchanged, shared, sent, received, or used through this Website or Services is accurate, reliable or complete;
That the reporting and e-learning including, without limitation, any advice, suggestions, recommendations, referral, and solution that we provide as a part of the Services are reliable, complete and represent true state of affairs in your business organization;
That Our Services contain no viruses, Trojan horses, worms or any other harmful programs that may enter or infect your computer/device, app/software, or any other data; and/or
That Our Services contain are smoothly provided and contain no interruption and failure.
LIMITATION OF LIABILITIES:
SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS.
WE AND OUR DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SERVICE PROVIDERS (“OUR AFFILIATES”) ARE NOT LIABLE FOR ANY LOSS OF PROFITS OR REVENUE, OR COST OR EXPENSES INCURRED IN OR CAUSED TO YOU DUE TO THE USE OF OUR SERVICES.
YOU ACKNOWLEDGE THAT IN NO EVENT SHALL OUR AFFILIATES’ LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT PAID BY YOU FOR THE SUBSCRIPTION FEE FOR THE PERIOD OF PRECEDING ONE (1) YEAR.
NOTHING IN THE FOREGOING PROVISIONS INTENDS TO OVERRIDE ANY APPLICABLE LAWS.
NOTHING IN THE FOREGOING PROVISIONS SHALL APPLY TO THE CASES OF INFRINGMENTS OF OUR INTELLECTUAL PROPERTY RIGHTS.
You agree to defend, indemnify and hold Switchback and its directors, employees, agents, service providers, contractors and assigns (“Switchback and its Affiliates”) harmless from any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, expenses and costs, including reasonable attorneys’ fees arising from or related to breach of any provision of these Terms or any infringement of our intellectual property rights, or in case of any dispute between you and any third party or your employee(s).
You acknowledge that the use of this Website and any Services poses certain risks and limitations, and Switchback has explained all potential risks and limitations to you and will have no liability to that effect.
PROHIBITED USES AND RESTRICTED ACTIVITIES:
We expect you to use the Website and Services up to the permitted extent only. Please ensure that you and your employees are in compliance with the following provisions. You must not:
misuse our Services by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful to our Services and/or our server of the third party provider.
attempt to gain unauthorized access to this Website, our Services and the hosting servers or any server, computer or database connected to the Website or Services;
attack our Website or Services via a denial-of-service attack or a distributed denial-of-service attack (DDOS);
use any language, show any conduct or commit which is foul, vulgar, threatening, offensive, and/or illegal, or is outrageous to the public policy or which is otherwise discriminatory in nature.
engage in, commit or promote any fraudulent activity while using this Platform.
post, transmit or display any Prohibited Content while using this Website and/or Services.
access this Website and our Services using the method we don’t intend or expressly provided to be used;
circumvent any limitations or restriction that we impose on your use of this Website or our Services;
directly or indirectly obtaining the identifiable information about your employees in violation of the Confidentiality provisions; and
misuse the Services which adversely affect the normal speed, stability, functionality, responsiveness, or availability of the Services for other users.
Any breach of the foregoing provision shall constitute an offence under the applicable laws of Canada. We may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In addition, we may claim any appropriate damages and/or compensation that may be available under the applicable laws of Canada.
MODIFICATIONS AND TERMINATION:
Switchback reserves the right to:
Add, modify, change, improve, amend or/and alter any content on or feature, function, method of use, method registration, or operation and delivery of the Services and conditions; and/or
Price, subscription fee, acceptable payment method or currency(ies).
In case of any aforementioned changes, we will notify our current subscribers through registered email at least 15 days prior to such changes come into effect. Your continued use of the Services after such changes will constitute your valid consent to the same.
We request you that if you don’t read, understand and agree to the amended Terms or subscription fee or Service, please do not access or use this Website and our Services and exit the same immediately.
We reserve an absolute discretion to terminate or suspend this Website, any part of the Services and your access to or use of the same or cancel your subscription at any time and without assigning any reason. Except in the cases where you are in breach of the Terms, our maximum liability in case of cancellation of your subscription shall not exceed pro rata subscription fee.
We own no liability for any injury, damage or losses resulting from your restricted use of the Services.
Nothing in the foregoing provisions intends to override or contradict any applicable laws of Canada.
Assignment. You cannot transfer, assign, lease or permit any person to use your User Account or assign any right or liability you have under these Terms. The User Account is intended by us to be used by your business only. No commercial activity may be carried out under your User Account. In case of any violation of the foregoing provisions, we may terminate or suspend your User Account in our sole discretion without any prior notification.
Governing law and Dispute Resolution. These Terms shall be construed or interpreted under and governed by the applicable laws of Canada. Any dispute arising from these Terms shall be resolved by binding commercial arbitration appointed under the applicable laws and industry practices with the consent of the parties or their representative in interest. The award of the arbitration may be executed by the court having competent jurisdiction under the applicable laws.
Survivability. The provisions relating to indemnity, confidentiality, and intellectual property and all provisions which by their context intend to or reasonably should survive the termination of this agreement, shall survive the termination of this agreement.
Force Majeure. No party shall be liable for any breach or violation of any provision of these Terms if such breach or violation caused by a Force Majeure Event including, without limitation, an act of God, natural calamity, accidents, social disturbances, riots, or strikes, or any criminal act of third party such as cyber crime, hacking or transmission of any virus or any harmful component.
Severability: If any provision, wholly or in part, of these Terms is found to be void, illegal, unenforceable, or contrary to the law, the same shall be severed from the Terms without affecting validity, legality or enforceability of the remainder provisions or part thereof.
Independent Contractors. All parties to this Agreement (Terms) are independent contractors. These Terms or any provision thereof do not create any employment, partnership, or agency relationship. No party can create any liability, obligation or responsibility on the behalf of the other party.
No Waiver. No right shall be deemed to have been waived hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or availing remedy shall operate as a waiver of the same. One time waiver on any particular occasion shall not be effective for any subsequent occasions.
Headings and numbers. Headings and numbers used in these Terms are for reference purposes only and cannot be used to interpret the provision of these Terms, unless such number forms part of the sentence.
Notice. All communications, correspondence or services will be made through the following: