Terms of Use

Terms

By accessing our GEEIQ platform and its materials found at itemtracker.geeiq.com (together, the “Materials”), accessible from Checkpoint GG Limited (trading as GEEIQ) (company number 11701417) (“GEEIQ”, “we”, “our”, “us”), you are agreeing to be bound by these terms of use (“Terms”) and agree that you are responsible for the agreement with any applicable local laws. You warrant that you have the authority to agree to the Terms on behalf of the company or other entity that you represent. If you disagree with any of these Terms, you are prohibited from accessing the Materials. The Materials are protected by, but not limited to, copyright and trade mark law.

Should you be an employee of a client that pays for access to the Materials and with whom we have a separate and current agreement (“Paid Agreement”), in the event of a conflict between the terms of that Paid Agreement and these Terms, those of the Paid Agreement shall prevail and take precedence. Otherwise, non-conflicting provisions of the Terms shall apply. Should the Paid Agreement expire or terminate, these Terms shall apply in full.

Use Licence

Permission is granted for you to use the Materials for the purpose of understanding how we operate and the services we provide. This is the grant of a licence, not a transfer of title, and under this licence you may not:

• attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Materials in any form or media or by any means;
• sublicence, transfer and/or assign the Materials or any element thereof to any third party, including any subsidiary or holding company of yours, whether with or without consideration;
• render any services to third parties using the Materials;
• attempt to de-compile, reverse compile, disassemble, reverse engineer, or attempt to derive the architecture or design, or any source code or otherwise reduce to human-perceivable form all or any part of the Materials;
• allow any third parties to use the Materials;
• use any part or all of the Materials to create products or services which directly compete with GEEIQ’s Materials or other service or product offerings from time to time;
• remove any copyright, trade mark or other proprietary notations from the Materials; or
• transfer the Materials to another person or “mirror” the Materials on any other server.

You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Materials and, in the event of any such unauthorised access or use, promptly notify us.

You shall keep your password for accessing the Materials secure and confidential. You shall not share your password with anyone.

We may immediately terminate these Terms and your ability to access the Materials at any time without notice, at our sole discretion. Upon termination, your viewing right will also be terminated and you should destroy any downloaded Materials in your possession whether it is printed or electronic format.

Behaviour

You shall not access, store, distribute or transmit any viruses, or anything that, at the discretion of GEEIQ is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence, is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability or is otherwise illegal or causes damage or injury to any person or property.

Intellectual Property

We shall retain all intellectual property rights in the Materials. To the extent that it is determined that you have any right in any of the intellectual property of the Materials, you hereby irrevocably assign to us, whenever and in perpetuity, any right, title and interest, whether now existing or later arising, that you may have in the Materials.

Data

The Materials include data that are publicly accessible or sourced from third parties.

Any personal data (as defined in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council (commonly known as UK GDPR)) that we obtain is anonymised when presented to any third party customer of ours.

Any data that you provide us (and that is not otherwise accessed by us from a public domain or a third party that has the right to licence us such data) will not be used for Materials if you request so in advance, in writing.

Data from different sources will be kept separate.

We use appropriate technical and organisational measures to protect the data. The measures used are designed to provide a level of security appropriate to the risk associated with such data.

We aggregate and analyse technical and other data regarding your use of the Materials that is non-personally identifiable with respect to you and your users.

We may use data to build models for the benefit of our users and their experience of the Materials. This may include benchmarks, such as identifiable benchmarking with publicly available data and anonymised benchmarking with private data.

Should you authorise us to access data in relation to an experience provided by a third party, you warrant to us that you have all rights to do so. You indemnify us for any and all loss we suffer from a third party claim that contradicts such warranty.

Disclaimer

All the Materials are provided “as is”. We make no warranties, may it be expressed or implied, therefore negates all other warranties.

The Materials include data we licence from third parties. Such third parties may end the licences for us to use such data, and as such, we do not provide any warranty or guarantee that you will be able to receive specific or any data from our Materials.

Furthermore, we do not make any representations concerning the accuracy, reliability or availability of the Materials or otherwise relating to your use of such Materials or any sites linked to the Materials.

We use third party trade marks in the Materials merely to associate data to such third parties. We do not provide any licence to you to use such third party trade marks.

Limitations

GEEIQ and its suppliers will not be held accountable for any damages that arises from your use or inability to use the Materials, even if we or an authorised representative of ours has been notified, orally or written, of the possibility of such damage. Some jurisdictions do not allow limitations on implied warranties or limitations of liability for incidental damages, and in such instances, these limitations may not apply to you.

Revisions and Errata

The Materials may include technical, typographical, or photographic errors. We will not promise that any of the Materials are accurate, complete, or current. We may change the Materials at any time without notice. We do not make any commitment to update the Materials.

Links

We have not reviewed all of the sites linked to the Materials and we are not responsible for the contents of any such linked sites. The presence of any links does not imply endorsement by us of the sites. The use of any linked websites is at the user’s own risk.

Site Terms of Use Modification

We may revise these Terms at any time without prior notice. By using the Materials, you are agreeing to be bound by the current version of these Terms.

Your Privacy

Please read our Privacy Policy.

Severance

If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms. If any provision or part-provision of these Terms is deemed deleted, we shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

Assignment

You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms.