Terms And Conditions

In this document, the following words have special meanings.

• 'conditions' - includes all parts of the contract, not just those that lawyers call conditions.
• ‘programme’ - DataSmart® Alliance programme for which these terms and conditions apply
• 'we', 'us', 'our' - Sibilo (UK) Ltd (company number 4350482)
• 'you', 'your', ‘user’, ‘organisation’ - The organisation who is entering into this contract with us and who will participate in the programme
• ‘User group’ - Group of users who are participating in the programme
• Product - the software application that Sibilo develops with the support of the user group

DataSmart® Alliance programme is set-up to develop the DataSmart® Suite of Products further. By participating in the programme, you are joining a group of users who discuss new features they would like to see in the product and remain in contact by e-mail. These workshops are also an excellent way to identify the best practices in the field.

As a member of the user group, you are expected to put the time and effort to

• attend the user group meetings;
• inform us of any problems you encounter with the product (bugs) and wishes with regards to the functionality you would like to see in future releases; and
• help us promote DataSmart® by responding to the enquiries about DataSmart® that other organisations might have.

You may leave the user group at any time by notifying us in writing. We reserve the right to suspend or terminate your membership at our sole discretion should we have any reason to believe that you no longer can carry out the above tasks.

During your membership, you are entitled to get the software licences of the product, and upgrades and updates to it free of charge. We charge for services that are specific to your organisation (installation, training and integration) on top of the membership fee due to the varying requirements of our users. We encourage users to build strong relationships with us at various levels of their organisation to minimise these costs. We can train trainers to use the software, for example, and your IT staff to handle installations to ensure that the aforementioned costs do not recur.

Upon termination of your membership, licences of the product remain with you indefinitely; however, you are not entitled to support or further upgrades.

Disclaimer

The software market is constantly changing and developing. As a result of this, we reserve the right to make reasonable changes to the terms of this agreement at any time during the term of the programme. We will only do so when we have good reason and inform you of the changes.

We will not be liable to you whether under contract law, the legal rules about duties to other people (known as the law of 'tort') including negligence or otherwise, for i) any loss of profit, revenue or other type of economic loss (whether direct or indirect); ii) loss of business or contracts; iii) loss of expected savings or goodwill; or iv) any losses which a court categorises as 'consequential', or 'indirect' arising out of or in connection with our agreement.