Portal & Dashboards Terms & Conditions

ARCBLUE PORTAL & DASHBOARD TERMS & CONDITIONS

ABOUT US

ArcBlue Consulting (weus or our) provides information and services through our Client Portals and Dashboards.

 

1. CLIENT PORTALS

  • 1.1. If you participate in the interactive areas in Client Portals, you shall not post, publish or upload any message, data, information or other material (Postings) which is unlawful or abusive in anyway, including defamatory, pornographic, obscene, threatening, invasive of privacy, inclusive of hate speech or would constitute or encourage a criminal offence.
  • 1.2. We have no obligation nor intend to edit, monitor, moderate or screen the Postings and we are not responsible for the contents in such Postings. Notwithstanding the foregoing, we reserve the right to examine from time to time, some, all or no interactive areas for adherence to the Terms and to remove any non-compliant Posting.
  • 1.3. You acknowledge you are responsible for the provision of Internet access, web browsing software and ensuring your computer systems meet minimum requirements in order to use the Client Portals. You acknowledge that from time to time we may change add or delete functions, features, service levels, performance or other characteristics of the Client Portals and correct errors or upgrade the Client Portals. You also acknowledge that we do not warrant that any change, addition, deletion, error correction, patch or new version will be compatible with any other application, software or interface that connects to or interfaces with the Client Portals.
  • 1.4. You must use reasonable efforts to prevent unauthorised third parties from accessing the Client Portals.
  • 1.5. Some aspects of the Client Portals are provided by third parties. We will use cloud computing services in connection with the Client Portals and you acknowledge and consent to this. We are not liable to you for anything any third-party cloud computing supplier does, or fails to do, which may impact your use of the Client Portals. You agree not to pursue or make any claim against any third-party cloud computing supplier to us in connection with the Client Portals.

 

2. DASHBOARD SERVICES

  • 2.1. If engage us to provide the Dashboard Services (by returning the Product Activation Form (PAF)) you have an initial commitment to pay for it for the period and rates set out in the PAF (Initial Term). After the Initial Term we will (subject to the terms of these Terms) continue to provide the Dashboard Services to you, including charges and either party may terminate the arrangement by giving no less than one month’s written notice. All charges for our services and access to the Dashboard Services are set out in the PAF (or alternative proposal) (Charges). If you do not pay the Charges on time (as set out in the PAF), we may either suspend access to the Dashboard Services until such time as you pay all amounts due, or we may on immediate written notice terminate our agreement to provide the Dashboard Services to you. All amounts are expressed exclusive of GST. We may recover any additional amounts from you in connection with GST. We may also claim from you any loss of Charges pursuant to early termination.
  • 2.2. In consideration of the payment of the Charges, we will, during the term of these Terms, allow you access to the latest stable version of the Dashboard Services via the Internet. You agree that you will only use the Dashboard Services for the sole purpose of meeting your internal business needs. You will only access the Dashboard Services through a web browser and you acknowledge you are responsible for the provision of Internet access, web browsing software and ensuring your computer systems meet minimum requirements in order to use the Dashboard Services. You warrant to us that you have all required consents and authorities to use the Dashboard Services in the way you do. You acknowledge that from time to time we may change add or delete functions, features, service levels, performance or other characteristics of the Dashboard Services and correct errors or upgrade the Dashboard Services and that provided that the functionality or availability of the Dashboard Services does not materially decrease, we are not liable to you for any such change we make. You also acknowledge that we do not guarantee that any change, addition, deletion, error correction, patch or new version will be compatible with any other application, software or interface that connects to or interfaces with the Dashboard Services. As a part of your first payment we will provide assistance to you to configure the Dashboard Services for you in line with our standard client set up. We will provide reasonable assistance but reserve the right to refuse to provide such services in our sole discretion should we feel you are being unreasonable in your requests. Where you opt for data updates we will allow you to provide four data packets per annum (Fresh Data) (no more than one per calendar quarter and only three in the first year of use of the Dashboard Services) which we will upload for you into the Dashboard Services. We will endeavour to make your Fresh Data available for viewing and analysis via the Dashboard Services within 28 days of receipt of it from you subject to your providing the Fresh Data in a format and media acceptable to us. By agreement with us we may allow more than four Fresh Data uploads at additional cost.
  • 2.3. You must use reasonable efforts to prevent unauthorised third parties from accessing the Dashboard Services and you agree to keep all login details secret. You agree that the access rights of any individual user permitted to use the Dashboard Services (for example, on a named or password-enabled basis) cannot be shared or used by more than one individual, unless the right is reassigned in its entirety to another individual authorised user in which case the first user will no longer have any right to access all or any part of the Dashboard Services. You will use your best endeavours to prevent viruses or other harmful or malicious code being present in the data that you give us or affecting the Dashboard Services.
  • 2.4. Some aspects of the Dashboard Services are provided by third parties, particularly the hosting of the Dashboard Services and the software behind the Dashboard Services. We will use cloud computing services and software as a service in connection with the Dashboard Services and you acknowledge and consent to this. Amazon Web Services Inc. (AWS) hosts the Dashboard Services (and all data within the Dashboard Services) and Tableau Software Inc. (Tableau) provides the software which powers the Dashboard Services under license to us. The terms we get from AWS and Tableau are by this reference incorporated into these Terms (as to service promises) and any aspect of the Dashboard Services or our services which relies on or uses AWS or Tableau goods or services are restricted by the service promises we get from each of AWS and Tableau. You can get a copy of such service promises that we (and you) are subject to at any time by asking us (and we will provide you a copy less any commercially sensitive information to us or our suppliers). You acknowledge this pass through of terms and understand the importance of these providers to us being able to provide the Dashboard Services to you. We are not liable to you for anything AWS or Tableau or any other third-party supplier does, or fails to do, which may impact your use of the Dashboard Services. You agree not to pursue or make any claim against AWS or Tableau or any other third-party supplier to us in connection with the Dashboard Services. You acknowledge that Tableau owns the rights to the software behind the Dashboard Services.
  • 2.5. You own the intellectual property rights in the data you provide us. We own all other intellectual property developed in connection with the Dashboard Services and our supply of it to you. You have no rights in the Dashboard Services. You warrant that our use of your data will not infringe the rights of any third party. We will use the data we collect from you in the provision of the Dashboard Services to you and for our business purposes and creating reports and benchmarking statistics; you consent to all uses of your data as contemplated by these Terms. You have sole responsibility for the accuracy and completeness of all data you give us and you acknowledge that all outputs of the Dashboard Services rely on this. Each party will keep the other party’s confidential information confidential and only use confidential information in a manner described in these Terms. We will never publicly publish your data with direct attribution to you.
  • 2.6. You indemnify us and will hold us harmless against any loss or claim we suffer due to your use of the Dashboard Services. You have not relied on any representation made or implied by us or arising out of or implied by our conduct save for as expressly set out in these Terms. To the extent that we have made or implied, or by conduct given rise to or implied, any representation that is not expressly stated in these conditions, you are not proceeding in reliance on their presentation. We make no promise, representation or otherwise in relation to any benefit you may obtain by using the Dashboard Services and we guarantee in no way any increased sales, savings, transactions, revenue, goodwill or profit or any other benefit that may flow from you using the Dashboard Services.