USER AGREEMENT
Please read carefully the User Agreement below.
THIS AGREEMENT COVERS
This Agreement between you and Stratalyze, governs the use of Stratalyze’s trade analytics products tools (“Stratalyze’s products”), which are either a suite or individual standalone online tools that permits Stratalyze customers to access general as well as company specific trade information and data. In this Agreement, the words “you” and “your” refer to the end-user of Stratalyze’s products. This Agreement and your use of Stratalyze products are subject to Stratalyze’s General Terms and Conditions.
ACCOUNT ACCESS / SECURITY PROCEDURES
You acknowledge by accepting this Agreement that you have reviewed the security procedures protecting your accounts, and agree that those procedures are commercially fair and reasonable. We have established operating rules and security procedures, to which rules and procedures you agree by your use of Stratalyze’s products. Access to Stratalyze products is by means of your username and a password unique to you. You must use your Access Procedure correctly to use the system. You acknowledge that use of an access password may permit access to your account(s) without further challenge or authentication.
You agree that:
You are solely responsible for securing and maintaining the confidentiality of your Access Procedure. This responsibility may not be waived by any Stratalyze employee, agent or representative. You are liable for any claims, losses and/or damages arising from the use of your Access Procedure, whether authorised or unauthorised. You agree to notify us immediately if you believe your Access Procedure has been compromised or may be, accessed by an unauthorisedperson. If you fail to so notify us, we shall be relieved of all liability for activity by an unauthorised person.
APPLYING FOR ADDITIONAL ACCOUNTS AND SERVICES
If you apply to change an account you already use, you authorise Stratalyze to treat your application or request as if it had been made in writing and signed by you.
STRATALYZE PRODCUTS COST ANDFEES
All Stratalyze products and tools are quoted on an officially declared price list which is published on the 1st day of each calendar quarter. All connectivity charges incurred in connecting to the Internet are your responsibility.
CHANGES IN SERVICES / TERMS / FEES
Stratalyze may change products and services and the terms, including fees, set forth in this Agreement at any time. You will be notified of any such change as required by applicable laws. You understand that by using Stratalyze products after a change becomes effective, you have agreed to it.
CANCELLATION
You may cancel this Agreement at any time by written notification to Stratalyze. Stratalyze may cancel this Agreement and terminate your use of Stratalyze prodcuts for any reason, at any time.
CONFIDENTIALITY
You have a right to confidentiality and privacy to which Stratalyze is totally committed
LIMIT OF LIABILITY
Stratalyze agrees to make reasonable efforts to ensure full performance of all Stratalyze products. Stratalyze does not assume responsibility for mal-functions in communications facilities not under its control that may affect the accuracy or timeliness of data represented. Stratalyze is not responsible for any losses or delays in transmission of instructions arising or caused by any browser software.
Any data you use through Stratalyze’s products is believed to be reliable. However, it can only be provided on a best-effort basis for your convenience and is not guaranteed. Stratalyze is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such data or for any investment or other decision made using this data.
Stratalyze is not responsible for system disruption caused by any virus-related problems.
CUSTOMER SERVICE / HELP DESK
If you need technical assistance with Stratalyze’s products, or if you need to communicate with Stratalyze, please write to:
Bradenham Hall
Ground floor, North Block
7 Mellis Road, Rivonia
Johannesburg
South Africa
ELECTRONIC MESSAGES
You agree to receive communications regarding your account electronically and will not attempt to circumvent receiving any messages. You are deemed to have received any electronic messages sent to you when they are made available to you.
Electronic messages can be sent to info@stratalyze.com.
SECURITY
Access to Stratalyze products is by means of a password unique to you. You must use your password correctly to enter the system. You agree that we are authorised to process any instructions we receive under your password, and that these procedures are reasonable. You agree to notify us immediately if you believe your password has been compromised.
INDEMNIFICATION
Subject to any responsibilities implied by law and which cannot be excluded, you agree to indemnify and hold harmless Stratalyze, its officers, directors, employees and agents and all third party suppliers, from and against any and all liabilities, damages, awards, settlements, losses, claims and expenses, including reasonable attorney’s fees and expenses and costs of investigation (collectively, “Damages”) resulting from third party claims to the extent such claims, if brought by you directly against Stratalyze, would be excluded pursuant to paragraph 8 of this agreement.
SEVERABILITY
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.
NOTICES
Notices to Stratalyze shall be in writing and sent to the address in paragraph 9 above.
GOVERNING LAW
This Agreement shall be governed by the applicable laws of the Republic of South Africa.