TERMS AND CONDITIONS
1.1 “Services”: all the data processing and analysis Services provided by Gapsquare via its website www.gapsquare.com, which the User accesses through online subscription.
1.2 “Customer” or “User” means the Customer that has executed the order for gapsquare.com Services
2.1 When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website. The tools provided on this Website are aimed to be used by professional organisations only, therefore any account needs to be created based on a professional e-mail address.
2.2 You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password, whether your password is with our Website or a third-party service.
3. USE OF AND ACCESS TO GAPSQUARE.COM
3.1 We only offer use of the Website for the purpose of calculating our users’ (private and public organisations, NGO’s) gender pay gap. The generated Gender Pay Gap Report is for internal company use only and by agreeing on these Terms, you confirm that you use the Gapsquare.com tool for internal purposes only and under no circumstances may the results or datasets be sold to third parties. Organisations seeking advanced reports on HR analytics may obtain details by contacting us via email at firstname.lastname@example.org.
3.2 Before accessing the Gapsquare.com tool, we require of you some general as well as some personal information about you and the organisation that you represent such as but not limited:
- The name of the organisation
- The organisation’s location
- The organisation’s industry
3.3 When you use our online services, our servers automatically record information provided by your browser when you visit a website. Such records may include information such as your server address, your top level domain name (for example, .com, .gov, .uk etc.), the date and time of the visit to the site, the pages accessed and documents viewed, the previous websites visited, the browser type, the browser language, and one or more cookies that may only identify your browser. This information is used by us purely for verification purposes and at no point do we make an attempt to identify you through your browsing other than in exceptional circumstances, such as an investigation into the improper use of the website.
3.4 Delivery Policy: When you submit your employee Data to the Website, your entries will be reviewed and anonymised by our algorithms and you will receive an email with login details (your “Registration Details”). These registration details can be used to access the site and the results of your gender pay gap analysis (“The Gender Pay Gap Report”).
3.6 When you are provided with your personal Registration Details, you must keep this information confidential and secure at all time and you must not disclose these details to any third party. In the event that you know or suspect that someone else may use your personal Registration Details, you should notify us immediately by emailing email@example.com. We reserve the right to disable your registration without notice if we have substantial evidence to believe that you have breached these Terms and Conditions at any time.
5. ACCEPTABLE USE POLICY
5.1 Users are entitled to access to our tools and services only in relation to the internal operations and reporting needs of the organisation they represent. Any user may not make the Website services available via any arrangement to any third party or attempt to gain unauthorised access to the Website or its related services at any time. The services we offer rely on our users submitting or uploading true Data onto the Website. The quality of the analyses that we may provide relies significantly on the accuracy of the data input into our calculations and based on the mutual understanding that the Data uploaded is accurate to the best of your knowledge. By using this Website, you also warrant that you will only use this Website in accordance with our Acceptable Use Policy (below) and you will indemnify us from and against any expenses, losses, damages and costs (including reasonable legal costs) incurred as a direct or indirect result of the breach by you of such warranty.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All intellectual property rights in this Website and its content are owned by Gapsquare Limited or its third party contractors. The Website content including but not limited to text, images, appearance, layout and graphics are protected by copyright and/or other intellectual property rights.
6.2 By using our Website you therefore agree that Gapsquare Limited has made substantial efforts and investment in creating, designing this Website as well as collecting and building an aggregated dataset. For this reason, all copyright right, dataset ownership rights or any other intellectual property rights belong to Gapsquare Limited. You may not take ownership or modify the Data or merge it in any way with existing datasets or databases belonging to third parties or sell or have any trading activity based on the data we provide to you.
6.3 Apart from the Gender Pay Gap Report which we will provide you with once you upload your Data, you may not download, store or alter, adapt or reproduce any of the material or content on the Website for personal use without acknowledging Gapsquare Limited as the full copyright owner.
6.4 Notwithstanding the assumption that we consider any Data you submit to this Website to be non-proprietary, in the event that any intellectual property rights in such Data vest in you, you hereby grant to us an irrevocable, permanent, worldwide, transferable, sub-licensable, non-exclusive, royalty-free license to use such Data (including without limitation to display, copy, amend, transmit, make derivative work of, validate and collect such Data in a database and distribute it for the purpose of our business.
7. OUR LIABILITY
7.1 Gapsquare Limited shall not be responsible or have any liability for delays or performance failures caused by acts beyond our reasonable control. We reserve our full right to amend or remove Website contents or the Website without any prior notice and to change these Terms and Conditions when judged necessary in order to reflect changes in the market affecting our business, technology advancement, changes in practices of payment methods, changes in regulatory requirements and laws governing our business, and changes in our system capacity and performance. Your use of the Website will be governed by the Terms and Conditions in place at the time when you use our online Services.
7.2 The results generated in our Gender Pay Gap Report, as well as the information contained in the Dataset, is greatly dependent on the accuracy and quality of the Employee Data uploaded by our users, we therefore offer no guarantee or warranty of any kind, express or implied, concerning the delivery delays, accuracy, level of performance, comprehensiveness or suitability of the information and materials found or offered on the Website for any particular purpose. Equally, we cannot guarantee that the Website will not be subject to interruptions from time to time, for maintenance purposes or others, or that defects will be corrected. Although, we do our best to avoid such cases, we may temporarily suspend access to the Website, without notice in case of system failure, maintenance or repairs or for reasons beyond our control. We are doing our best to keep this Website free from viruses, errors and other malware however, we cannot give any guarantee or warranty in this regard. All the users are responsible ensuring they have appropriate virus protection software.
7.3 For the purpose of providing reports and analytics on the Customer’s gender pay gap, The control of Personal Data remains with Customer, Gapsquare acting as the Data Processor, under the General Data Protection Regulation (GDPR) (EU) 2016/679 . The Customer undertakes to comply with the legislation in force and with future legislation on personal data processing. The Customer shall amongst others take the necessary measures to ensure adequate, visible and easily accessible information on its website to its users and to its employees concerning the purposes of the processing of the personal data, and shall ensure that it has obtained his prior and certain consent before any data are collected, In no case can Gapsquare be held responsible for the non-compliance with the legislation in force, committed by the Customer, nor can Gapsquare DM be held responsible for any damage caused directly or indirectly by fault or negligence of the Customer himself or a person acting on his account and/or on his behalf, nor of a third party. The Customer shall guarantee Gapsquare against any claim that could be brought against it by a third party on that basis and he shall keep Gapsquare indemnified for any damage.
7.4 These Terms and Conditions will not exclude our or your liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation in any way that is not permitted under applicable law. Notwithstanding the above, Gapsquare Limited shall not be responsible for any losses or damages that are not foreseeable or arising from events that are beyond our control. To the maximum extent permitted by law, Gapsquare Limited accepts no liability for any of the following:
- Any business losses, such as profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- Loss or corruption of any data, database or software;
- Any special, indirect or consequential loss or damage.
8. THIRD PARTY LINKS
8.1 Occasionally, the Website may also include links to third party websites or resources that you are free to access at your sole discretion. We do not take any responsibility in regard to the contents that you may access via these links as the accessed content should be governed by separate terms and conditions beyond our control.
9.1 You may not transfer, assign, amend or dispose in any way of any of your rights or obligations arising under these terms and conditions, without our prior written consent. We may transfer, assign, sub-contract or otherwise dispose of our rights and obligations under any contract between you and us to any person at any time provided that we reasonably believe that your rights will not be affected.
9.2 These Terms and Conditions may be varied from time to time. Such revised terms and conditions will apply to the Website with immediate effect on the date of publication. It is the users’ responsibility to regularly consult our Terms and Conditions to ensure that they acknowledge the latest version.
9.3 If any court or competent authority deems any provision of these terms and conditions as invalid, unlawful or unenforceable, such provision or item of that provision shall be deleted or amended to reflect legal requirements. The validity and enforceability of the remaining conditions or provision will continue to be valid to the fullest extent permitted by law.
9.4 These Terms and Conditions shall be governed by English law. All disputes arising under these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
10. GAPSQUARE.COM ACCEPTABLE USE POLICY
10.2 By signing up, uploading and submitting any Data onto this Website, you hereby guarantee that you will neither use this Website for unlawful purpose, use this Website for any Prohibited Use. You also guarantee that you will comply at all times with our Content Requirements.
10.3 For the purpose of this Acceptable Use Policy, “Prohibited Uses” include (without limitation) any uses of the Website which:
- Do not comply with any current applicable local, national or international law or regulation;
- Are fraudulent or have any unlawful or fraudulent purpose or effect;
- Are prohibited under paragraph 9.4 of this Acceptable Use Policy.
10.4 You may not:
- Use this Website to exchange, upload, download, use or reuse any content that does not comply with our Content Requirements;
- Use this Website to send or procure the transmission of, any unwanted or unsanctioned advertising or any other form of related approach;
- Use this Website to purposefully transmit any data, upload any content that contains malware such as viruses, Trojan horses, worms, time-bombs, spyware, adware, keystroke loggers or any other unsafe programs or code which may harm or adversely affect the functioning of this Website;
- Copy, replicate, reproduce or sell any part of this Website as set out in our provisions of our Terms and Conditions; and access, hamper with, damage or otherwise disrupt:
- any part of this Website;
- any server or platform on which this Website may be stored;
- any software used in the functioning of this Website (in each of the above whether owned by Gapsquare Limited or any third party)
10.5 For the purpose of this Acceptable Use Policy, the “Content Requirements” detailed inprovisions 10.6 and 10.7 below apply.
10.6 It is your obligation to make sure that any Data submitted on or uploaded to this Website is:
- Within your genuine ownership; and
- Is compliant to any applicable local, national or international law or regulation.
10.7 It is your obligation to make sure that any Data submitted on or uploaded to this Website:
- Does not have any contents which may be harassing, unlawfully threatening, unfounded or defamatory;
- Does not encourage discrimination based on the following but not limited to: race, religion, sex, disability, sexual orientation, nationality, gender or age;
- Does not trespass any third party’s, intellectual property rights regardless of location (including copyright, trade mark rights or database rights) or any other rights of privacy and proprietary rights;
- Is not in breach of any legal obligation owed to a third party, such as a duty of confidence or a contractual duty;
- Does not give the impression that it originates from us, if this is not the case.
10.8 You agree not to promote or enable any act which breaches or may breach this Acceptable Use Policy.
10.9 We have the only authority to inspect the use of this Website and to decide whether it constitutes a Prohibited Use, as well as the right to assess any Data submitted to this Website to determine whether it is compliant with our Content Requirements. Hereby you agree and acknowledge that failing to comply with this Acceptable Use Policy represents a material breach of our Terms and Conditions and may result in our taking all or any of the following actions:
- Issue a warning where we inform you of the breach;
- Temporarily or irrevocably withdraw your access rights to the Website and your access to Data (and/or any Gender Pay Gap Report resulting in from such Data) at any time and without prior notice;
- An instant temporary or permanent removal and/or editing of any Data uploaded by you to the Website at any time and without prior notice;
- Enforcement of legal proceedings against you for compensation on our costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) subsequent to your failure to comply with our Terms and Conditions; and/or
- Legal action against you.
The list of actions above is not restricted, and we may take any other action we reasonably determine as suitable. Subject to Condition 7.4 of our Terms and Conditions, we decline any liability for any loss or damage which you may undergo as a direct or indirect consequence of any action we may take in regard to paragraphs 9 or 10 of this Acceptable Use Policy.10.10 At our sole discretion, whenever we deem necessary we reserve the right to contact any law enforcement body or competent jurisdiction in regard to any use which we may judge as Prohibited Use or any upload or transmission of Data which we may judge as non-compliant to our Content Requirements.
10.11 You hereby acknowledge and agree that whilst we have the right (but not the obligation) to assess and examine any Data which a user uploads to this Website, all such Data is the sole responsibility of the user who submitted or uploaded it. It is understood that the user discloses such Data knowingly and willingly, and that they have the authority and permission to disclose such data. Subject to Condition 7.4 of our Terms and Conditions, we expressly exclude any liability for any loss or damage which you may undergo as a direct or indirect consequence of the content of or inaccuracy in such Data or as a result of any such Data failing to comply with this Acceptable Use Policy or as a result of any such user’s use of this Website failing to comply with this Acceptable Use Policy.