- 1.1 Ranqx is a subscription-based service that allows businesses to understand their own performance through customer feedback, business and financial metrics, and allows analysis and benchmarking against industry and other comparative data.
- 1.2 These Terms apply to your use of Ranqx, including any free trial of Ranqx. By accessing and/or registering with Ranqx:
- you accept and agree to be bound by these Terms; and
- where your access and use is on behalf of another person (e.g. a business), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
- 1.3 If you do not accept these Terms, you must not use Ranqx.
2. We can amend these Terms
- 2.1 We can amend these Terms at any time. Amendments will be effective immediately once posted on Ranqx. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use Ranqx, you agree to be bound by the Terms as amended (whether or not you have received any amendments). You can always find the current version of the Terms here.
- 2.2 These Terms were last updated on 10 March 2017.
3. What words mean in these Terms
- In these Terms:
- Account Owner means the person who registers to use Ranqx or the bill payer or credit card holder responsible for paying for Ranqx.
- Business means a person:
- who is an Account Owner so that it, and its Invited Users, can upload performance data about itself or seek Feedback about itself; or
- about whom a Partner has uploaded performance data
- Business Data means any data, content, and information about a Business inputted into Ranqx by the Business or a Partner, excluding Feedback
- Customer means a customer of a Business, who provides feedback on the Business and its performance
- including and similar words do not imply any limit
- Data means any Business Data and/or Feedback (as the case may be) inputted by you or with your authority into Ranqx, including any Feed Data
- Feed Data has the meaning given in clause 8.3
- Feedback means feedback about a Business inputted into Ranqx by a Customer
- Invited User means any person, other than the Account Owner, that uses Ranqx with the authorisation of the Account Owner from time to time, including the Account Owner’s staff members and Partners that the Account Owner authorises to use Ranqx
- Partners means partners or advisers (such as, but not limited to, banks, accountants, franchisors or industry bodies) who use Ranqx to upload, access and analyse industry data and/or Business-specific data (where authorised to do so in accordance with these Terms)
- a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity
- Personal Information means information about an identifiable, living person
- Ranqx means www.ranqx.com
- Underlying System means any network, system, software, data or material that underlies or is connected to Ranqx
- we, us or our means the company described in clause 18 and includes, where appropriate in the context, all current and future related companies
- you means an Account Owner, any other person who accesses Ranqx (including, if clause 1.2b applies, any person on whose behalf that person accesses Ranqx) and, where the context permits, an Invited User
4. How you should use Ranqx
- 4.1 You agree to use Ranqx only in a way that complies with these Terms, all applicable laws and regulations, that does not infringe our rights or other users’ rights, and that does not inhibit or restrict other users’ enjoyment of Ranqx.
- 4.2 Without limiting clause 4.1, in particular, you agree not to:
- use Ranqx to upload, view, access or retrieve any data or information relating to a Business except where (and only to the extent that) you have the permission of that Business to do so;
- submit false or misleading information to Ranqx;
- not impersonate another person or misrepresent authorisation to act on behalf of others or on our behalf;
- use, or misuse, Ranqx in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use Ranqx;
- damage or harm Ranqx or its Underlying Systems;
- use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access Ranqx or content featured on it for any purpose; introduce any viruses, content or code to Ranqx that is technologically harmful; or do anything that could disable, overburden, or impair the proper working of Ranqx, such as a denial of service attack;
- use Ranqx in a manner, nor transmit, input or store any Data, that breaches any third party right (including intellectual property rights and privacy rights), or is incorrect, misleading, malicious, discriminatory, defamatory, obscene, harassing, threatening, or unlawful in any way; or
- facilitate or encourage any violations of these Terms,
or attempt to do any of the above.
- 4.3 We are not obliged to monitor your use of Ranqx (including any comments made on, or content posted or uploaded to, Ranqx). However, we may remove, modify or decline to publish, comments or content, if we, in our sole discretion, consider them to be inappropriate or consider that they otherwise breach these Terms.
- 4.4 You are responsible for all activity resulting from your use of Ranqx. You indemnify Ranqx, its subsidiaries, affiliates, officers, agents, representatives, members, principals, employees and partners, and will keep us indemnified, against all forms of liability, action, proceeding, demand, cost, change and expense which we may incur or be subject to or suffer as a result of your use of Ranqx or your breach of these Terms.
- 4.5 Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms, we may:
- limit your activities on Ranqx;
- issue a warning to you;
- suspend or cancel your access to Ranqx; and/or
- co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any content in breach of these Terms.
5. Fees for using Ranqx
- 5.1 You may access, browse and provide feedback to Businesses on Ranqx without creating an account. However, if you wish to use certain features such as receiving Feedback, uploading or retrieving performance data about your Business, (where you are a partner or adviser to a Business) uploading or retrieving performance data about that Business, comparing your performance (or, where you are a partner or adviser to a Business, the performance of that Business) against other Businesses, or viewing a Business’ information, then you must create an account.
- 5.2 Ranqx may offer a Starter Plan which provides limited Ranqx functionality free of charge. You need to create an account to subscribe to the Starter Plan. You can upgrade to a Paid Plan at any time.
- 5.3 We charge fees for some of our Ranqx plans (Paid Plan). The fees charged for our Paid Plans are as set out at https://ranqx.com/pricing (Pricing). You must provide us with a valid credit card number to sign up to a Paid Plan. Fees are charged in advance on a monthly or annual basis and are non-refundable. An invoice will be emailed to you each time your credit card is charged. Fees are subject to change at any time, however we will give you 30 days’ notice of Fee changes by posting changes on Ranqx. We will not be liable to you or any third party for any changes to Fees. Fees are exclusive of all taxes and you indemnify and hold us harmless against any claims by any tax authority for any underpayment of any tax or levy, and any penalties and/or interest.
- 5.4 If Fees are not paid, all surveys, results and benchmarking information on your account will be suspended. This data will not be deleted immediately but will remain inaccessible until Fees are paid. We may cancel your account if Fees remain unpaid thirteen months after the date of suspension.
6. Your free trial
- 6.1 From time to time we may offer you a free trial of our various Paid Plans. If you carry out a free trial, the free trial will begin on the day you activate the offer and it will end on the day communicated in our offer to you (the Free Trial Period). At the end of the Free Trial Period, you will need to provide a valid credit card number in order to continue to use that Paid Plan.
- 6.2 We can terminate your free trial without reason at any time by giving notice to you.
7. Your account information and access to your account
- 7.1 You warrant that you have provided complete, accurate and current personal and business information such as your full legal name and email address when registering an account (Account Information) and you agree to maintain and promptly update your Account Information to ensure it is kept current at all times.
- 7.2 You may grant access to Invited Users by creating user accounts for those Invited Users with separate login details and may, at any time, restrict Invited Users’ access to certain features.
- 7.3 You are responsible for any Invited User accounts you create, and must delete the Invited User’s account if you no longer wish the Invited User to have access (for example, where a staff member leaves your organisation or you end a relationship with a Partner). We take no responsibility for the level of access granted to an Invited User, or for the deletion of Invited Users’ accounts.
- 7.4 We will take reasonable precautions to keep your account secure and protect it from unauthorised access, however you agree that we are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests you submit to Ranqx and that we may do so without further enquiry.
- 7.5 You agree to keep your log in details and password secure and agree not to share your password with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation.
- 7.6 You acknowledge that the internet is inherently insecure. You accept the risk that any information stored or transmitted on the internet or through email may be intercepted or subject to unauthorised access or fraudulent behaviour. If you think someone is accessing your account without your consent or if you would like to report disclosure of your Account Information, please contact us here
8. Data feeds
- 8.1 Ranqx includes the ability to connect automated data feeds from certain third party services.
- 8.2 To use automated data feeds, you must use your login and password details and any other information required to access your account at the third party service.
- 8.3 When providing us with the information under clause 8.2, you authorise us to access your account with the third party service using that information, and to access and retrieve any data or information held in your account (Feed Data) on an ongoing basis, unless you disable the automated data feed as set out in clause 8.6.
- 8.4 You are responsbile for ensuring that the information provided under clause 8.2 is complete and accurate and is kept up to date. You acknowledge that Ranqx will not be able to obtain the Feed Data unless that information is complete, accurate and up to date.
- 8.5 You must ensure that you are entitled to provide us with the rights and permissions set out in this clause 8, without any fees being payble by us.
You may disable an automated data feed at any time, as follows:
- by using the process provided by us in your account to revoke access to the third party services;
- by providing us with 30 days’ notice requesting us to disable that data feed, and specifying which third party service the request relates to; or
- through any process provided by the third party service provider for disabling that data feed. Please contact the third party service provider or review their website for more information on how to disable automated data feeds directly.
9. You can upgrade or downgrade your account
- 9.1 You can upgrade your account (for example, from business to corporate) at any time by following the steps on Ranqx. Your credit card will be charged at the time you request the upgrade, and the upgrade will become effective once payment is received.
- 9.2 You can downgrade your account (for example, from corporate to business) at any time by following the steps on Ranqx. The downgrade will become effective on the next billing date.
- 9.3 Downgrading your account may cause the loss of content, features or capacity of your account. If you choose to downgrade your account, we do not accept any liability for the resulting loss of data, content, features or capacity.
10. We can both cancel your account
- 10.1 You can cancel your account at any time by following the steps on the Ranqx website.
- 10.2 If you cancel your account before the end of your current prepaid period, your cancellation will take effect at the end of the current prepaid period and you will not be charged again. You will not be entitled to a refund for any fees that you have already paid.
- 10.3 We reserve the right to decline to register, suspend, modify or cancel your account and your use of Ranqx if we consider (in our absolute discretion) that you have breached any of these Terms. If we suspend or cancel your account, you must not create another one without our prior approval. No refund or other credit is payable to you on cancellation unless we agree otherwise.
- 10.4 We may delete from our systems or anonymise all of your data and content immediately upon cancellation of your account. If we do this, your data and content cannot be recovered. We are not liable for any loss or damage following, or as a result of, the cancellation of your account, and it is your responsibility to keep copies of any information that you may wish to retain.
- 10.5 You agree that you cannot transfer, sell, lease, assign, lend or trade your account without our prior written consent.
11. You own and are responsible for your Data
- 11.1 Title to, and all intellectual property rights in, the Data (as between you and us) remains your property.
- 11.2 You grant us a worldwide, non-exclusive, fully paid up, transferable, perpetual, irrevocable licence to use, store, copy, modify, anonymise, make available, communicate, index, store, comment on or otherwise exploit the Data for any purpose in connection with:
- the exercise of our rights and performance of our obligations in accordance with these Terms; or
- any analytical or data aggregation services we provide, provided that where we display or distribute the Data to any third party it will be on an anonymised and aggregated basis (unless you request Ranqx to provide your name and other details to another person).
- 11.3 If you are a Customer that has provided Feedback, you grant that Business and its service providers a worldwide, non-exclusive, fully paid up, transferable, perpetual, irrevocable licence to use, store, copy, modify, make available, communicate, index, store, comment on or otherwise exploit that feedback for the Business’ own internal business purposes.
- 11.4 If you are a Partner that has inputted Business Data into Ranqx then, to the extent not owned by the Business, you grant that Business and its service providers a worldwide, non-exclusive, fully paid up, transferable, perpetual, irrevocable licence to use, store, copy, modify, make available, communicate, index, store, comment on or otherwise exploit that Business Data for the Business’ own internal business purposes.
- 11.5 You are responsible for procuring all licences, authorisations and consents required for you and your Invited Users to use Ranqx, including to use, store and input Data into, and process and distribute Data through, Ranqx, and (where applicable) for a Business and its service providers to use Feedback and/or Business Data in accordance with clauses 11.3 and 11.4.
- 11.6 You acknowledge and agree that to the extent Data contains Personal Information, in collecting, holding and processing that information through Ranqx, we are acting as your agent for the purposes of applicable privacy law. You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms.
- 11.7 While we will take standard industry measures to back up all Data stored using Ranqx, you agree to keep a separate back-up copy of all Data uploaded by you onto Ranqx.
- 11.8 You agree that we may store Data (including any Personal Information) in secure servers:
- in a country:
- in the European Union or the European Economic Area; or
- that the European Commission has determined offers an adequate level of protection in accordance with Article 25 of European Union Directive 95/46/EC (Data Protection Directive); or
- operated by a third party where the contract governing the operation of those servers includes contractual clauses that the European Commission has determined offer sufficient safeguards in accordance with Article 26(2) of the Data Protection Directive.
- in a country:
- 11.9 You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data breaches any third party right (including intellectual property rights and privacy rights) or is incorrect, misleading, malicious, discriminatory, defamatory, obscene, harassing, threatening, or unlawful in any way.
12. We own Ranqx and its content
- 12.1 We (and our licensors or suppliers, as the case may be) own all intellectual property rights existing in Ranqx and its Underlying Systems, including all of the content of Ranqx (such as text, information, graphics, logos, icons and sound recordings), all software code forming part of Ranqx and its Underlying Systems and any improvements, enhancements, modifications or adaptations to Ranqx and its Underlying Systems, but excluding the Data.
- 12.2 Unless you have received our prior written permission, you agree not to, and will not permit or encourage any third party to:
- adapt, reproduce, modify, reverse-engineer, decompile, distribute, print, display, perform, publish or create adaptations from any part of Ranqx or its Underlying Systems; or
- commercialise, copy or on-sell any information or materials obtained from any part of Ranqx.
- 12.3 We grant you a non-exclusive, revocable, worldwide licence to use Ranqx’s brand, branding or logos as they appear in the reports generated by Ranqx. You may not otherwise publish or use Ranqx’s brand, branding or logos without our prior permission.
- 12.4 We grant you a non-exclusive, revocable, worldwide licence to use Ranqx for its intended purposes, subject to these Terms.
13. Suspect that intellectual property infringement is occurring on or through Ranqx?
- 13.1 We take intellectual property rights very seriously.
- 13.2 We will investigate all notices of infringement. If you believe that your work has been used, accessed or copied in a way that constitutes infringement and such infringement is occurring on or through Ranqx, please contact us here.
14. We welcome your feedback, but you won’t get intellectual property rights as a result
- 14.1 We welcome your feedback and ideas on how to improve Ranqx. If you choose to submit your ideas, you agree that we are free to use them and that you will not have rights to any intellectual property that may be generated as a result.
15. Ranqx links to other services, websites and apps
- 15.1 Ranqx may enable you to access other applications and websites that are not owned and controlled by us. Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply that we endorse or verify such websites. We are not responsible or liable for any loss or damage incurred by you as a result of your access to those applications and websites.
16. Ranqx might not always be perfect
- 16.1 Ranqx is provided on an “as is” and “as available” basis and use of it is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with Ranqx, however there may be times when Ranqx is inaccessible.
- 16.2 From time to time, we may issue an update to Ranqx which may add, modify and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.
- 16.3 To the maximum extent permitted by law:
- we disclaim and exclude all conditions, guarantees or warranties whether expressed or implied by statute or otherwise, other than those set out in these Terms, and to the extent that a condition, guarantee or warranty cannot be excluded or modified by contract, the condition, guarantee or warranty is deemed to be included in these Terms and our liability for any breach of that condition, guarantee or warranty is limited to USD$100; and
- we make no representation concerning the quality of Ranqx and do not promise that:
- Ranqx will meet your specific requirements
- Ranqx (or any third party platform with which Ranqx connects) will be available, uninterrupted, timely, secure, free of viruses or other harmful code or error free;
- the results that may be obtained from the use of Ranqx will be accurate or reliable;
- the quality of any products, services, information or other material purchased or obtained by you through Ranqx will meet your expectations;
- any errors in Ranqx will be corrected; or
- Ranqx will continue to connect with any particular third party platform(s), application(s) or website(s).
- 16.4 We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of, or the inability to use, Ranqx.
- 16.5 We may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide Ranqx. The acts and omissions of those third party suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
- 16.6 To the maximum extent permitted by law, you agree that Ranqx’s maximum aggregate liability under or in connection with these Terms will not exceed USD$100 in any circumstances.
- 16.7 This clause 16 does not apply to limit our liability under or in connection with these Terms for:
- personal injury or death; or
- fraud or wilful misconduct.
17. Information on Ranqx should be treated as a guide only
- 17.1 The information and tools provided on Ranqx should not be your only source of information when you are making business decisions. We rely on other people and companies to provide us with information, which may not always be accurate or reliable. In particular, business performance feedback provided on Ranqx is generated through Customer feedback. Other benchmarks, like financial information, are based on information that other Businesses, Partners and third parties give to us. This information should only be treated as a guide.
- 17.2 We do not warrant the accuracy of any feedback or benchmarks provided on Ranqx. Use Ranqx as a starting point and then seek independent professional advice.
18. Who provides Ranqx, and what law applies to the use of Ranqx?
- The company that you are contracting with under these Terms is stated below. These Terms are governed and will be construed in accordance with law stated below. You submit to the exclusive jurisdiction of the courts stated below for any matter or dispute arising in relation to these Terms.
If you are domiciled in: you are contracting with: the governing law is the law of: and we and you submit to the non-exclusive jurisdiction of the courts of: New Zealand Ranqx Limited, a company incorporated in New Zealand, NZCN 5072461 New Zealand New Zealand Any other country other than New Zealand. Ranqx Limited, a company incorporated in New Zealand, NZCN 5072461 New Zealand New Zealand
19. This is a legal agreement, so some general provisions apply
- 19.2 If any provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is limited or eliminated to the minimum extent so that these Terms otherwise remain in full effect.
- 19.3 If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
- 19.4 The headings used throughout these Terms are provided for your convenience and do not affect the meaning of these Terms.
20. Contact us
- 20.1 If you have any questions about these Terms, the practices of Ranqx, or if you would like to give us feedback or notice, you can contact us here.