How Am I Going and you agree as follows:
“Agreement” means this agreement between you and How Am I Going relating to your use of the Website.
“How Am I Going” means How Am I Going Ltd (UK Companies House number 09616647).
“Member” means a registered user of the Website.
“Client Member” means a Member who uses the Website in their capacity as an employee of a client of How Am I Going.
“Visitor” means an unregistered user of the Website.
"we" or "us" means How Am I Going.
“Website” means the website www.howamigoing.com and any services, tools or applications provided by How Am I Going in connection with the website, as relevant from time to time.
“you” the reader of this Agreement.
This Agreement sets out the rights and obligations of users of the Website. This Agreement applies to both Members and Visitors. You agree that by using the Website you are entering into this Agreement, which is legally binding. If you do not accept this Agreement, you will not be entitled to, and you must not, use the Website.
In this Agreement, except where the context requires otherwise, the singular includes the plural and vice versa and another grammatical form of a defined word or expression has a corresponding meaning.
This Agreement was last changed on 17 June 2017. The material on the Website is copyright © 2015 - 2017 How Am I Going.
When you become a Member with How Am I Going, you must provide us with accurate and complete personal and professional information. By registering with us, or following the registration of you by your employer as a Client Member, you make the following commitments:
- You will not provide any false personal and professional information to How Am I Going, or create an account for anyone other than yourself without their prior permission.
- You will not create more than one account.
- If we disable your account, you will not create another one without our permission.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
If your employer initially registers you as a Client Member, it remains your responsibility to correct any false or out-dated personal and professional information provided to How Am I Going by your employee.
In addition, to be eligible to use How Am I Going you must be at least 16 years of age (the “Minimum Age”). However, if the law of your country of origin (as mandated by your national supervisory authority (being your local judiciary or applicable personal data protection agency or body (as applicable)) requires that you must be older in order to lawfully use the Website (including the collection, storage and use of your information) then the Minimum Age is such older age.
It is critical to us that your account is safe and can be accessed only by you. We will do our best to protect your account but cannot absolutely guarantee that unauthorized third parties will not be able to defeat our security measures.
In order to protect your account, you agree to:
- Choose a unique password.
- Keep your password secure and confidential.
- Follow the law and the Dos and Don'ts as set out in section 6 below.
4. Your Feedback Data
How Am I Going relies upon the collection and selective dissemination of data relating to your professional performance. This data comprises two components:
- A series of numeric scores, from 1 to 5 (or a non-applicable “N” score), assigned to a number of different attributes, supplied by you as part of a self-evaluation or supplied by your contacts or colleagues as quantitative feedback on your professional performance (“Quantitative Data”), and
- A series of subjective comments, each of 500 words or less, supplied by you as part of a self-evaluation or supplied by your contacts or colleagues as qualitative feedback on your professional performance (“Qualitative Data”).
The combination of Quantitative Data and Qualitative Data collected as a result of your use of the Website is henceforth known as “Your Feedback Data”.
Your Feedback Data is original content created online at your request and therefore is yours. This Agreement does not give us any right, title or interest to Your Feedback Data. In order to operate and improve the Website, we need to access, store and analyse Your Feedback Data. You give us permission to do those things under this Agreement. You also give us permission to aggregate your data with that of other Members to be used for our own product and marketing purposes.
If you are a Client Member, you also give us permission to distribute Your Feedback Data to your employer or nominated supervisors within your employer.
We will never disclose Your Feedback Data to any person or entity other than yourself (or your employer or nominated employment supervisors if you are a Client Member) without your prior consent.
Following termination or deactivation of your account, we may retain Your Feedback Data for a commercially reasonable period of time for backup, archival, audit and/or market research purposes.
As part of using the Website, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the use of the Website and your account, which you may not be able to opt-out from receiving. You acknowledge and confirm this.
6. Our DOs and DON’Ts
You agree that while using the Website, you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
- Use the Website in a professional manner and for a proper purpose (being the request of, and provision of, true and honest professional feedback data).
You agree that while using the Website, you will not:
- Act dishonestly, unprofessionally or for an improper purpose, including by providing inappropriate, inaccurate, or objectionable feedback.
- Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “Email Address” field, or including telephone numbers, street addresses or any personally identifiable information for which there is not a field provided by How Am I Going).
- Copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work).
- Act in an unlawful, abusive, obscene, discriminatory or otherwise objectionable manner.
- Use an image or a head-shot photo that is not your likeness for your profile photo.
- Create an account for anyone other than yourself (a real person) without their prior consent.
- Create a false identity on How Am I Going.
- Use or attempt to use another Member's account.
- Harass, abuse or harm another person.
- Misrepresent your current or previous industry of employment.
- Misrepresent your identity, including but not limited to the use of a pseudonym.
- Invite people you do not know as a contact to provide you with feedback.
- Copy, modify or create derivative works of How Am I Going, the Website or any related technology (except as expressly authorized by How Am I Going).
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Website or any related technology, or any part thereof.
- Imply or state that you are affiliated with or endorsed by How Am I Going without our express consent (e.g., representing yourself as an accredited How Am I Going trainer).
- Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer)).
- Violate the intellectual property or other rights of How Am I Going, including, without limitation, using the words “How Am I Going” or our logos in any business name, email, or URL in a manner which violates any such rights.
- Remove, cover or obscure any advertisement included on the Website.
- Interfere with the operation of, or place an unreasonable load on, the Website (for example via spam, denial of service attack, viruses, gaming algorithms).
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website.
- Access the Website except through the interfaces expressly provided by How Am I Going, such as its mobile applications and www.howamigoing.com.
- Override any security feature of the Website.
- Collect, use, copy, or transfer any information obtained from How Am I Going without the consent of How Am I Going.
- Share or disclose information of others without their express consent.
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Website or any related data or information.
- Use bots or other automated methods to access the Website , add or download contacts, send or redirect messages.
- Monitor the Website's availability, performance or functionality for any competitive purpose.
- Rent, lease, loan, trade, sell/re-sell access to the Website or related any information or data.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Website.
We can each end this Agreement at any time we want.
You may end your Agreement with How Am I Going at any time by deactivating your account and discontinuing your use of the Website. You do not need to specifically inform How Am I Going when you stop using the Website. If you stop using the Website without deactivating your account, we reserve the right to deactiviate it after any period of prolonged inactivity.
How Am I Going may terminate this Agreement at any time, with or without cause or notice to you. Upon termination, you lose the right to access or use the Website. Following termination, you continue to be bound by sections 4-5, 8-12 of this Agreement.
To the extent allowed under law, How Am I Going (and those that we work with to provide the Website):
- Provides the Website on an “as is” and “as available” basis.
- Disclaim all implied warranties and representations (for example, accuracy of data, fitness for a particular purpose, non-infringement).
- Does not guarantee that the Website will function without interruption or errors.
Some laws do not allow certain disclaimers, so some or all of the above disclaimers may not apply to you.
9. Limitation of Liability
To the extent permitted under law, How Am I Going will not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues related to the Website or the use of information derived from the Website by you or any other person for any reason whatsoever (for example, due to down-time, use of your information and data, or offensive or defamatory statements).
In no event will the aggregate liability of How Am I Going for all claims relating to the Website exceed one hundred British Pounds (£100.00).
10. Dispute Resolution
You agree that the laws of the United Kingdom, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Website. We both agree that all of these claims can only be litigated in the courts of the United Kingdom, and we each agree to personal jurisdiction in those courts.
11. General Terms
If a court with authority over this Agreement finds any part of it not enforceable, the court may modify the terms of this Agreement to make that part enforceable while still achieving its intent. If the court cannot do that, the court may remove the offensive provision entirely and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and any other translation is for convenience only.
You acknowledge that this Agreement is the only agreement between you and us regarding the Website and supersedes all prior agreements relating to the Website and your relationship with us. For the avoidance of doubt, if you are both a Member and a Client Member, you have two separate agreements with us, one in your capacity as a Member, and one in your capacity as a Client Member.
If we don't act to enforce a breach of this Agreement that does not mean that we have waived our right to enforce this Agreement.
You may not assign or transfer this Agreement (or your membership or use of the Website) to anyone without our consent, which may be withheld in our complete discretion. However, you agree that How Am I Going may assign this Agreement to its affiliates or a party that buys it without your consent.
How Am I Going reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise this Agreement from time to time. The most current version will always be posted on our website and we agree that changes cannot be retroactive. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Website after revisions become effective, you agree to be bound by the revised Agreement. If you don't agree to such changes, you must stop using the Website immediately.
You agree that the only way to provide us legal notice is at the address provided in Section 12.
12. How to Contact Us