General Terms of Service

By accessing, downloading, installing or using any of the Manage For Change Products as described below, you confirm that you have read, understood, and agree to be bound by this Agreement.

This Agreement is governed by the applicable EU legislation, under Romanian jurisdiction (as per the place of incorporation), and the legal disputes beyond the scope of said legislation pertaining to this agreement are to be evaluated by the International Court of Arbitration. The Manage For Change Products as described below are intended for use only by persons 21 years of age or older.

You are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws, by accessing, downloading, installing or using any of the Manage For Change Products and by acting (including but not limited to activities such as accounts administration, content administration, payments) as a representative or on behalf of another individual, group of individuals, organization or company in view of accessing, downloading, installing or using any of the Manage For Change Products. As such, the legal representatives of said entities warrant that they will stand in for such entities for the purposes of making us whole in case of damages or indemnification that could properly lie against an entity.

If you do not agree with any of these terms, you are prohibited from accessing, downloading, installing or using any of the Manage For Change Products.

The Manage For Change Products and content

Telecast Systems SRL, herein referred to as "the company", "we", "us", "our", is the entity owning, maintaining, operating, and providing, as applicable, all of the Manage For Change Products.

The Clients are the entities on whose behalf accounts are created in the Manage For Change Products. The registered user accounts operating in connection with or on behalf of a Client are considered affiliated with the said client. All the computers running Manage For Change Products (e.g. the client software) in connection with or on behalf of a Client are considered affiliated with the said client. For each Client, only one registered user account has administrative privileges and can manage the privileges of the other affiliated user accounts and the way in which Manage For Change Products are running or installed on the affiliated computers.

The Manage For Change Products are all the Manage For Change websites (including manageforchange.com and its subdomains), the entirety of the respective websites general content (where applicable), the services (including but not limited to specialized assistance, technical services, consulting services), the Software available for download from the Manage For Change websites and all the components of the Manage For Change System.

The Manage For Change System is the ensemble of hardware, software and mechanisms used by the Manage For Change websites, for activities including, but limited to: creating connections between two or more computers in view of surveying, monitoring and data gathering activities, storing data, analyzing data and managing user accounts.

The websites general content refers to the ensemble of texts, images, charts, documents, audio / video tracks and ideas presented in the Manage For Change Products, with the exception of user-owned content. Only following the client’s express consent by means of a special annex to this agreement, can any part of the user-owned content be used for creating websites general content (e.g. occasional volunteer supply of data by various clients in general-interest aggregated reports and analysis).

The user-owned content is the totality of data collected and processed by Manage For Change (or via the Manage For Change System) for its clients, all the user accounts details, all the reports and analysis generated or carried out for clients as well as all the data input by registered or anonymous users via surveys, reports and focus groups managed by the clients using the Manage For Change Products.

The registered or anonymous users are solely responsible for the content they submit. Submitted content does not engage in any way our responsibility (including but not limited to issues regarding copyright or the truthfulness of said content). In the eventuality where any part of the Submitted content that gets published as website general content is offensive, inappropriate or in any other way damaging to you or if any part of the Submitted content that gets published as website general content infringes your copyright, you are to notify us, and, if your claim is justified, we agree to take the necessary steps in order to remove the offending part of the said Submitted content. Manage For Change is not responsible in any way for any damages or inconveniences caused in any manner, directly or indirectly, by the presence of any part of Submitted content in the Manage For Change Products.

All the Manage For Change Products (including the client software) are provided "as is" and you access the Manage For Change Products at your own responsibility. The analysis, reports, charts and all other outputs of the Manage For Change Products are to be used exclusively at your own responsibility. Manage For Change is not bound by any guarantee in regards to the Manage For Change Products, their outputs, or the use of the Manage For Change Products. We decline any and all responsibility in relation to management decision you may make, based on your use of Manage For Change Products, related to activities, business processes, investments, human resources, establishment of business partnerships or lost opportunity cots. You agree that in any and all eventuality of any direct, indirect, special, incidental, punitive or consequential damages of any type or any and all other commercial damages or losses caused by you through the access or usage of the Manage For Change Products in any good-willing manner, our responsibility is limited to the fees paid by you to access the Manage For Change Products. Manage For Change hereby explicitly disclaims any guarantees referring to, but not limited to, results, suitability for a purpose or general suitability, merchantability, non-infringement, accuracy, freedom of error or availability.

Demo accounts

If you are provided with one or more demo accounts, for the purpose of evaluating the Manage For Change Products, you acknowledge that the credentials supplied to you provide access to a free-of-charge demo of the Manage for Change Products, provided as-is, without any binding obligations for (or guarantees by) any of the parties, and that any and all information exchanged as well as any action taken by a party in relation to the demo (training, feedback, instructions, conversations, decisions, etc.) does not create any obligation for the other party and is provided for free on a volunteer base. Both parties wavier any and all commercial claims that may arise from using a Manage For Change demo account provided for the purpose of evaluating the Manage For Change Products.

Modifications

Manage For Change reserves the right to modify the Terms and Conditions at their sole discretion, by posting the modifications onto the website. Unless otherwise specified, changes become effective at the date of publishing. Continuing to use the Manage For Change Products after the changes have been published signifies that you have read, understood and agreed to be bound by the modified Terms and Conditions.

Manage For Change reserves the right to modify the Manage For Change Products at its sole discretion.

Access to Manage For Change Products, Fees and Subscriptions

Some Manage For Change Products are accessible only if you are connected to the internet. The internet connection costs and other costs necessary for you to gain access to the internet in order to use the Manage For Change Products are your sole responsibility (the fees we charge for access to the Manage For Change Products do not include any such connectivity costs).

For access to some of the Manage For Change Products, you may be requested to create an account (“to register”). The account represents only you (or, as applicable, the entity you act on behalf of or as representative of), and cannot be transferred in any way towards another individual, entity or third party. You agree to provide only truthful information during the registration process and it is your sole responsibility to maintain said information updated. You are not to provide any false or misleading information. It is your responsibility to keep the login information confidential, and, in the eventuality were the confidentiality of that information has been compromised, we strongly recommend that you take immediate action to prevent others from accessing your Manage For Change account, including changing the password associated to your account. In the eventuality that your account has been accessed without your knowledge, or has been accessed by other individuals, we strongly recommend that you change your password immediately and, if you deem it necessary, notify us on the matter (using the contact form).

In order to be able to access some of the Manage For Change Products you will have to pay a fee or a subscription. The access fees or subscriptions can only be paid on behalf of a Client and are not transmittable. A Client’s delay of refusal to pay the required fees or subscription will result in a limitation of access to the Manage For Change Products for all the entities (e.g. users, computers etc.) associated with the respective Client for a period of up to six months, after which the access to the Manage For Change Products will be completely and permanently restricted and all the data related to the respective client and its affiliated entities will be permanently and irreversibly deleted (including, but not limited to all affiliated user accounts, all the stored data, all the outputs, surveys, reports and focus groups and any and all other type of affiliated data).

Clients who choose to discontinue their use of Manage For Change Products must notify us about their intent, and can, in an interval of 30 days from the date of the notification, download all the data related to the respective account(s); 30 days after the date of the said notification all the data related to the respective account(s) will be permanently deleted. In such an event, all the fees paid by the Client – including fees paid in advance for services that have not yet been delivered - are not to be refunded.

Parties' responsibility, limitations and conduct

If you engage in potentially damaging activities in your relation with the Manage For Change Products, your access to the Manage For Change Products may be restricted and, depending on the nature and severity of your actions, you may be held liable for your actions, not only by us, but also by other parties damaged by your actions.

In your interaction with the Manage For Change Products you are to never provide knowingly false information, nor are you to impersonate other persons or damage the image of other persons or entities.

You agree that all your activity in relation to the Manage For Change Products complies with all laws and regulations applicable. You agree to respect all laws and regulations regarding, but not limited to, copyright, privacy, property use, and personal identity. You agree that, in your interaction with the Manage For Change Products, you will not make use of or introduce any malicious computer code, file or Software (such as virus, worm, trojan), nor will you deface, hijack, copy, redistribute, reverse engineer, hack or interfere in similar ways with any of the Manage For Change Products. You agree that you will only interact with the Manage For Change Products in the intended way, and will not use spiders, crawlers, robots or other similar automated access methods. You commit to not use the Manage For Change Products to facilitate the development of other businesses similar to Manage For Change or that may compete against or damage our commercial interests.

You, as client of the Manage For Change Products, are the sole owner of the gathered information and you are solely responsible for the legality of the data gathering, processing, owning and communicating process. You hereby confirm that you are legally entitled to request and own the information you solicit from the users, in accordance with the laws of all the countries where you operate or where you conduct data gathering using our Products. You hereby assume complete legal responsibility for the requests you address the users via the Manage For Change Products, committing to make us whole in the eventuality where a third party’s interests may be damaged by your actions. In the case where you will illegally solicit information, we reserve the right to restrict your access to the Manage For Change Products and to terminate our collaboration. At the same time, we commit to act in good faith and to follow legal procedures, including, but not limited to, supplying data pertaining to your activity in relation to the Manage For Change Products to authorities following official requests of legal nature.

You, as client of the Manage For Change Products, are totally responsible for the relevance and suitability of the data collection methodology you employ for your purposes. This includes, but is not limited to: the type of data you collect, the target population to be researched, the margin of error, the use of formulas and other software for computation, the use of data in reports, brochures, leaflets, newsletters or other means of written or verbal communication. You are totally responsible for the way you design the data collection, data processing and data usage, and for their respective relevance to the projects/programs/work you conduct and their overall relevance to your purpose.

The information submitted via the Manage For Change Products represents solely other parties opinions and knowledge, and does not engage our responsibility. We do not guarantee the accuracy and dependability of the information exchanged between the parties via the Manage For Change Products. We do not guarantee any defined margin of error for the measurements the Clients perform using Manage For Change Products, since this depends heavily on numerous factors outside our control. We are not liable for any information present in any of the third-party websites or external sources, even if such sources or websites are quoted or used by users in the Manage For Change Products. We do not monitor the data exchanged via the Manage For Change Products, and hence it is solely the parties' responsibility that the said data stays between commonly-accepted boundaries, and in the eventuality where any data exchanged via the Manage For Change Products is considered inappropriate, offending or illegal by any of the parties, said party can, at any point and at their own discretion, terminate the respective data exchange, and can, if necessary, require our assistance on the matter.

We are not responsible for the data exchanged via the Manage For Change Products. If you identify any website general content that is potentially offensive or illegal, you are to notify us and we will analyze the matter together with the parties involved in the creation of said content.

You are solely responsible for the consequences of your actions and you accept to be held responsible for any damages (towards us or towards third parties) incurred by your actions. You are to maintain civilized conduct and use the Manage For Change Products solely for their intended purpose. You will not use the Manage For Change Products to attack, denigrate or otherwise harm other entities' interests. In the eventuality that a user or any other third party seeks compensation for damages your actions have inflicted, we will not get involved in any manner, and you are to carry the responsibility for your actions, including, but not limited to, being held responsible by the affected party in view of reparatory measures.

You hold the entire responsibility for the content you submit in your interaction with the Manage For Change Products. In the eventuality that the content submitted by you damages the interest or the image of another party in any way, you agree to take all the necessary steps and to assume full responsibility in order to make us whole in relation the damaged party.

You agree that accessing some of the Manage For Change Products may be conditioned by your payment of a fee, as specified where applicable.

If you are representing or acting on behalf of another party or if you are creating an account on behalf of another party, you hereby testify that you have obtained said party's explicit consent / agreement to use the Manage For Change Products on their behalf.

You will not transmit or present unsolicited materials, nor will you get involved in any form of soliciting while using the Manage For Change Products.

You assume complete responsibility for the disclosure of any personal information to third parties or to other users while using the Manage For Change Products. We cannot control the ways in which such information might be used and we strongly advise against disclosing personal information to other users or third parties. Reciprocally, you are not to solicit any personal information from the other users of the Manage For Change Products.

You are solely responsible for any and all copyright issues arising from the content you post, transmit or use as part of your interaction with the Manage For Change Products. In the eventuality where a third party notifies the infringement of their copyright by you, we will not be involved in any manner, and you agree to be held responsible by the third party in view of reparatory measures.

You acknowledge that inadequate behavior while using the Manage For Change Products might lead to actions meant to restrict your potentially damaging actions, up to but not limited to completely restricting your access to the Manage For Change Products.

If you are in the possession of any equipment, hardware or Software provided by us, you commit to keep the hardware in good condition and to prevent any unauthorized access to the hardware or to the Software. It is prohibited for you or anyone else to disassemble the hardware or any part of it to any end. It is prohibited that you or anyone else makes captures or copies by any means of any part of the Software present on the respective hardware. You are solely responsible for respecting these provisions. In the eventuality of violation of these provisions, you agree to assume full responsibility and be liable to pay us reparations for any damages such violation directly or indirectly caused or will cause us or our business or commercial interests.

We hereby grant you a limited, non-exclusive, non-transferable license to access and use the Manage For Change Products and the respective content only for their intended purposes. The license is subject to the payment of the applicable fees or subscriptions and to the adherence to the present Terms and Conditions. You are explicitly not allowed to capture, copy, distribute, sell, perform, market, reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license or make any other use of any part of the Manage For Change Products. All payments you make towards us are for a license to access to the Manage For Change Products, and your payment in order to access the Manage For Change Products signifies that the right to access said Manage For Change Products is licensed, and not sold to you.

In any and all eventuality, including in the eventuality of a legal action, our entire responsibility towards you is limited to the fees paid by you towards us during the current subscription interval (i.e year in the case of a yearly subscription or yearly contract) for accessing the Manage For Change Products. You hereby explicitly commit that you (or your representatives, your organization, etc.) will not ever, under any circumstance, raise any claims that exceed the fees paid by you towards us during the current subscription interval (i.e year in the case of a yearly subscription or yearly contract) for accessing the Manage For Change Products. Each extension (or renewal) of the subscription / contract, even if it takes place automatically, represents your acceptance that no claims can be made in regards to any of the fees you paid towards us for accessing the Manage For Change Products in the past subscription intervals. In the case where you access Manage For Change Products for free (pro-bono), then you hereby commit that you will not ever raise against us any claims with financial implications.

In the eventuality where you use the Manage For Change Products in manners or for purposes other than their intended purposes, we reserve the right to end our collaboration with you and to limit or even completely restrict your access to the Manage For Change Products at our sole discretion.

Copyright and licenses

The materials contained in this web site are protected by applicable copyright and trade mark laws.

This Agreement does not grant any implied licenses.

We commit to respect all laws referring to copyright, defamation, privacy and other laws referring to information, personal image and content and will take all the necessary steps to prevent the infringement of any such laws. However, we do not monitor or screen all the users' activity in relation to the Manage For Change Products, and therefore bears no responsibility for your use of the Manage For Change Products. In the eventuality where you identify elements in the Manage For Change Products that you consider be infringing any laws or bringing purposeful damage to any party, it is your responsibility to take the necessary action to address the situation and to bring it to our attention.

Other clauses and limitations

Occasionally, the access to the Manage For Change Products could be interrupted by factors outside our control (including, but not limited to force majeure, acts of God, power outages, acts of computer hackers and others acting outside the law, Software or server downtime, traffic spikes, regular maintenance). In any and all of these eventualities, we commit to take all reasonable measures to restore your access to the Manage For Change Products. We are not liable for any damage or loss of any kind caused directly or indirectly by such interruptions of the access to the Manage For Change Products.

You agree to defend, indemnify and in all ways hold harmless us and our officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from your access or use of the Manage For Change Products.

We retain sole property of all the worldwide rights regarding the trademarks, service marks, logos, business ideas, designs, code, graphics elements, ensembles and website general content present in the Manage For Change Products. You may not use any part of the Manage For Change Products without our explicit consent, except for the user-owned content associated with your user account or, as applicable, with the Client you are affiliated with. Nor are you allowed to hide, obscure or otherwise deform or obfuscate the logos or watermarks present in any part of the Manage For Change Products.

Any and all rights not explicitly granted to you by this Agreement or by any laws in effect are our property.

You agree that any claim or action regarding the present Agreement must be filed within 3 months after such claim or cause arose or it will be nullified.

The invalidity, illegality or unenforceability of any portion or provision of this Agreement (or the occurrence of any event rendering any portion or provision of this Agreement void) shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void portion or provision shall be deemed severed from this Agreement and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void.