Unify | Atos Collaboration Solutions Advocacy Program
Terms and Conditions of Use
These Terms and Conditions ("Terms") are an agreement between UNIFY ENTPERPRISE COMMNUNICATIONS LIMITED, registered company number 05903714 ("Unify") and you and apply to the Unify Advocacy Program (the "Program") described in these Terms. By enrolling in or using the Program, you agree to be bound by these Terms, including any modifications and/or updates made by Unify from time to time and posted on any applicable web site, as they relate to the Program. If you do not agree to these Terms, do not enroll in or use the Program. By clicking "I accept" or by enrolling on the Program, you agree to be bound by these Terms, any applicable additional terms, policies and any other terms and guidelines found throughout the Program.
1) PARTICIPATION IN THE PROGRAM By accepting these Terms, you acknowledge and agree that you have confirmed that your participation in the Program does not violate your employer’s policies (including, without limitation, any of your employer’s ethics or employee conduct policies).
2) UNIFY ADVOCACY PROGRAM
The Program is a marketing platform that allows selected customers, employees of Unify and channel partners to promote Unify’s products and services and earn points through doing so. Through the Unify advocate portal (known as Digital Envoy), participants are invited to take part in opportunities to promote Unify (such as undertaking a Gartner reference, taking on a speaker opportunity or sharing a press release across social media channels) whilst, at the same time, receiving points for their contribution. As participants complete challenges, they gain points, badges and levels which can be exchanged for different rewards. All customers, employees and partners are eligible through invitation only in all countries that Unify operates (see www.unify.com for further details).
Entry is limited to natural persons who are either employees of Unify or employees of selected customers or channel partners. Enrolment, membership and all related benefits of the Program are offered at Unify’s discretion. In accepting to join or to continue participating in the Program, you acknowledge that Unify assumes no legal responsibility to you. The invitation is intended for a specific individual in their current role at the current company and is not transferrable. Program administrators reserve the right to remove any participant at Unify’s discretion. Participants may request to be removed from the program by notifying Unify in writing that it no longer wishes to use the Program whereupon that participant’s account will be terminated.
Unify specifically reserves the right to alter, withdraw or terminate any Program, benefit or reward with or without notice. Any such changes may also affect Program Points, which a member has already accumulated as well as any future accumulation of Program Points. Unify assumes no liability to members whatsoever, including without limitation, liability as a result of changes to or termination of Program, or any other loss, injury or damage caused by any rewards supplied or requested in connection with Program.
Points
Points and rewards will be awarded at Unify’s sole discretion and point value and rewards are subject to change. Some rewards may be available in restricted numbers. Program points have no monetary value whatsoever and will not under any circumstances form the basis of a monetary claim against Unify. The accumulation of Program points does not entitle members to any vested rights and, in accumulating Program points, members may not rely upon the continued availability of any reward, award level, premium or other benefit.
Program points or rewards are personal and intended for a specific individual in their current role with their current employer. Points cannot be transferred and any attempted assignment or transfer in breach of these rules will be void and may, at the discretion of Unify, result in cancellation of the affected points/reward or exclusion from the Program.
You may only sign up to participate in the Program in your own name and only you person may use your account to exchange points for benefits. All information provided by yourself during registration must be your own and may not pertain to any other individual. You are solely responsible for any and all use of your account and you may not authorise another to use or otherwise access your account.
Should any instances of fraud, system abuse, or any type of activity deemed to be inappropriate or illegal by Unify be detected, including any activity deemed by Unify not to be in-keeping with the spirit of the Program, it will result in account termination, participant expulsion and possible legal action. Any and all points earnings whether reversed by Unify or not will be revoked without warning and any pending orders canceled.
Rewards
Upon redeeming your reward points, you shall pay all applicable taxes, duties, levies or charges incurred or arising in connection with the redemption of such reward points and any rewards received by you under the Program and you shall indemnify and hold harmless Unify for any applicable taxes, duties, levies or charges that arise in connection with your receipt of any such reward under the Program. You shall ensure that any reward points redeemed and any rewards received by you are accepted in full compliance with all applicable laws, regulations, treaties and directives and Unify shall have no responsibility for your compliance in this regard.
Promotional activity and member content
Unify is not responsible for any content posted by you or other members of the Program, whether to the Platform or a third party website or source. As a member of the Program you may choose to engage in promotional activity for Unify and/or post content to the Platform. Unify reserves the right to remove, or take steps to remove, any content or activity created or published by any participant of the Program. Unify may choose to take down, or work with third parties to take down, any content and take such action that it, in its sole discretion, deems necessary in the event that any content falls into any of the following categories. You may not post any materials or comments that:
• defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, misleading or unlawful material or information;
• upload or attach files that contain software, materials, data or images that are protected by intellectual property laws (or by rights of privacy) belonging to a third party unless you own or control the rights thereto or have received all necessary consents;
• upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; and
• falsify the origin or source of software or other material contained in a file that is uploaded.
3) OWNERSHIP/LICENSE. (a) You acknowledge that all rights, title and interest in or to any copyright, trademark, service mark, trade secret, and other proprietary right relating to the Program and the related logos, names, etc. are reserved. The Program, and related software and systems, is the licensed and/or owned property, and embodies the proprietary trade secret technology, of Unify and/or its licensors and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws. Unify grants you a non-exclusive, non-transferable license to participate in the Program to access your account. Unify may terminate or suspend your access to the Program (in whole or in part) at any time, with or without notice, if Unify has reason to believe that you have violated these Terms or are otherwise using the Program in an inappropriate manner. The right to use the Program and access the services provided by the Program is granted only to members of the Program for the sole purpose of participating in the Program and this limited licence terminates when Unify ceases operating the Program or terminates your participation in the Program or these Terms. Unify owns all content on the Program website or otherwise presented in the Program, including but not limited to content provided by members. From time to time, you may be asked to provide information, via the Program. If you choose to provide this information, or any other content, you grant Unify all rights therein, including, but not limited to, the right to use this information in the advertising and promotion of the Program and the Unify products and services without further approval.
(b) You agree that you will not use Unify's name, or any affiliate or subsidiary of Unify, or any partner, or employee of Unify, or any trade name, trademark, trade device, logo, service mark, domain name, symbol or any abbreviation, contraction or simulation thereof owned by Unify or its affiliates or subsidiaries (collectively, the " Unify Marks").
(c) These Terms and/or your participation in the Program do not grant to you any right or license in, or to, any copyrights in any materials and/or documentation of Unify or to any rights of copyright in or to Unify’s other services or web sites.
• 4) TERMINATION. These Terms, as well as any modifications or updates, shall apply to your use of and participation in the Program for as long as you are enrolled in and use the Program and are using any of the Services ("Term"). Should you cease to be enrolled in the Program for whatever reason, or the Program or these Terms are terminated, all obligations under Paragraphs 1, 3, 5, 7 and 8 of these Terms shall survive and shall continue in full force and effect and all Program points that you have accrued and not applied towards a reward prior to such cessation will be relinquished.
• 5) USE OF THE PROGRAM/COMPLIANCE WITH LAWS. You will use the Program as described in these Terms and in accordance with the instructions and reasonable policies established by Unify or its agents from time to time and communicated to you and/or as posted on any applicable Program web sites. By enrolling in or using the Program you are agreeing to comply with all applicable online terms and/or service agreements prescribed by Unify or Influitive Corporation and any applicable Privacy Policies as such may be updated from time-to-time with or without notice to you, posted on any Program websites. You consent to the use of your personal data to the extent required for participation in the Program, including the processing of personal data in the USA You may not use the Program for any other purpose not described in these Terms or interfere with or disrupt Program servers, databases or any network connected to them, or use the Program to violate any law, statute or regulation; or conduct any other illegal activity, or to harvest or otherwise collect information submitted by third parties, including e-mail addresses, without the express consent of such third parties. Unify does not guarantee against any loss or alteration to your data. You confirm that all information provided by you is being provided voluntarily and is accurate and complete and that you are not prohibited from doing so. You also agree that Unify shall have no liability for any use of such information to administer the Program, or for any errors or inaccuracies in the Program based upon information provided by you or the person accepting these Terms on your behalf. You will be responsible for your compliance with all laws and governmental regulations affecting your business and for any use you may make of the Program. You agree to pay any applicable taxes levied or based on any rewards received by you under the Program and to comply with any professional rules regarding use of the Program or points or rewards awarded thereunder.
• 6) ACCOUNT SECURITY AND PASSWORDS. In order to access and use the Program you will be required to provide proper authentication including your User Name, Password and any other authentication required by Unify ("Authentication") to access the Program. You are responsible for safeguarding the confidentiality of your account information (including your email address and Authentication selected by, or issued to, you) and agree to take any and all actions necessary to maintain the privacy of your Authentication for the Program. You are responsible for any use or misuse of your account or the Program resulting from any unauthorized third party and you agree to notify jonathan.green@unify.com immediately of any known or suspected unauthorized access to or use of your account or Authentication.
• 7) DISCLAIMER OF WARRANTIES/LIMITATION OF DAMAGES; INDEMNIFICATION
THE MATERIAL DISPLAYED ON THE PLATFORM IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST UNIFY WITH RESPECT TO THE PLATFORM.
TO THE EXTENT PERMITTED BY LAW, WE, OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE:
• ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BY IMPLIED BY STATUTE;
• ANY LIABILITY FOR A DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH OUR WEBSITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF OUR WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR:
O LOSS OF INCOME OR REVENUE;
O LOSS OF BUSINESS;
O LOSS OF PROFITS OR CONTRACTS;
O LOSS OF ANTICIPATED SAVINGS;
O LOSS OF DATA;
O LOSS OF GOODWILL;
O WASTED MANAGEMENT OR OFFICE TIME; AND
O FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THIS DOES NOT AFFECT UNIFY’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WE WILL NEED TO CARRY OUT ROUTINE MAINTENANCE AND SERVICING OF OUR SERVERS AND EQUIPMENT FROM TIME TO TIME. WHILE WE WILL SEEK TO KEEP DISRUPTION TO A MINIMUM WE CANNOT GUARANTEE THAT THE PLATFORM WILL BE CONTINUOUSLY AVAILABLE ONLINE. WE THEREFORE PROVIDE THE PLATFORM ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE MAKE NO WARRANTY THAT THE PLATFORM (OR ANY ASSOCIATED WEBSITE) IS FREE FROM COMPUTER VIRUSES OR ANY OTHER MALICIOUS OR IMPAIRING COMPUTER PROGRAMS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU USE APPROPRIATE VIRUS CHECKING SOFTWARE.
WE ARE NOT LIABLE FOR ANY FAILURE TO PERFORM ANY OF OUR OBLIGATIONS UNDER THESE TERMS OF USE CAUSED BY MATTERS BEYOND OUR REASONABLE CONTROL.
• 8) GENERAL. Except as otherwise expressly set forth herein, these Terms supersede any prior agreements or terms of service on the same subject matter and will govern your participation in the Program.
These Terms may be modified by Unify from time to time at any time and you are responsible for any updates posted on the Program web site. The failure of you or Unify at any time to enforce any right or remedy available to it under these Terms with respect to any breach or failure by the other party shall not be construed to be a waiver of such right or remedy with respect to any other breach or failure by the other party. These terms and conditions are governed by the laws of the England and Wales and Unify and you each agree to submit to the exclusive jurisdiction of England and Wales (including in relation to any non-contractual claims and disputes). You and Unify agree that each is acting independently of the other, that you are not joint venturers, and that neither is an agent of the other. All notices to Unify, made under or in connection with these Terms, shall be in writing and shall be deemed to have been given when sent by email to corporate.communications@unify.com. All notices to you made under or in connection with these Terms shall be in writing and sent to the e-mail address given for participation in the Program. You and Unify may change any notice address, with such change being effective upon receipt of a written notice of same. These Terms and your enrollment in the Program shall not be assigned by You without Unify’s prior written consent and any attempted assignment without such consent shall be void. Nothing contained in these Terms is intended to create third-party beneficiaries of or under these Terms.