Terms and Conditions
Legal framework defining platform governance, user obligations, and intellectual property under binding terms.
Introduction
Overview: Welcome to Grievance.app, a state-of-the-art SaaS platform developed by GRM System, incorporated in Dakar, Senegal. This platform is designed to facilitate efficient and secure grievance and complaint management for a diverse clientele, including government agencies, international organizations, and enterprises engaging in various sectors. The purpose of these Terms and Conditions is to govern the use of the Grievance.app service provided by GRM System. This document sets forth the legally binding terms that oversee your use of our platform. By accessing and interacting with our software, you engage in our “Service” and agree to be bound by these terms, which apply to all visitors, users, and others who access or use the Service.
Acceptance of Terms: By registering for, accessing, or using any services provided by Grievance.app, you are agreeing to be bound by these Terms and Conditions in full. These terms affect your legal rights and obligations. If you do not agree to be bound by all of these terms, do not access or use the service. Your continued use of the Service following the posting of any changes to these terms constitutes formal acceptance of those changes. This agreement is legally binding between you and GRM System as soon as you access our platform, implying your complete acceptance of these terms as published.
Definitions
Parties: For the purposes of these Terms and Conditions:
- “You” and “Your” refer to you, as a user of Grievance.app, regardless of whether you are an individual, group, or entity, and regardless of whether you are using the Service as a registered user or guest.
- “We,” “Us,” and “Our” refer to GRM System, a legally incorporated entity in Dakar, Senegal, which is the developer, operator, and official provider of the Grievance.app platform. References to “GRM System” herein shall be construed accordingly.
Services: “Services” provided by Grievance.app encompass a comprehensive suite of tools and functionalities specifically designed to support and manage the grievance and complaint handling processes. These Services include, but are not limited to:
- Web-Based Grievance Submission: Enables users to submit grievances through a user-friendly online interface.
- Grievance Tracking and Management: Allows for tracking the status of submitted grievances and managing them through various stages of resolution.
- Customization Capabilities: Offers tools to customize forms, workflows, and other elements according to the specific needs of your organization.
- Reporting and Analytics: Provides analytical tools that generate insights and reports to help users monitor and improve the grievance handling process.
- Integration Services: Includes the ability to integrate with existing systems through APIs and other technical interfaces to enhance and streamline operations.
- Support and Maintenance: Involves ongoing technical support, updates, and maintenance to ensure optimal performance and security of the platform.
The Services aim to enhance the efficacy and efficiency of organizational processes by providing robust, scalable solutions for grievance and complaint management. These services are accessible through various supported web browsers and are subject to the terms and limitations outlined in this agreement and any other accompanying documentation.
User Account
Account Creation: To utilize the Services provided by Grievance.app, you are required to create an account. During the registration process, you must provide truthful and accurate information as prompted by the registration form. Requirements for creating an account include:
- Age Requirement: You must be at least eighteen (18) years of age or the legal age of majority in your jurisdiction, whichever is higher, to create an account on Grievance.app.
- Valid Information: You must ensure that all information provided, including but not limited to your name, email address, and organizational details (if applicable), is current, complete, and accurate.
- Account Verification: In some cases, we may require additional information or documents to verify the authenticity of the information provided. Failure to provide such information may result in delays in the registration process or denial of access to the Services.
The creation of an account will entail the setting of a user password and possibly the answer to one or more security questions. You agree to maintain the accuracy of such information and to update any changes promptly.
Account Responsibilities: Once an account is created, you are fully responsible for maintaining the confidentiality of your account details, including your password, and for all activities that occur under your account. Responsibilities include:
- Security: You agree to notify GRM System immediately of any unauthorized use of your account or password or any other breach of security. You may be held liable for losses incurred by GRM System or any user of the Services due to someone else using your account or password.
- Account Integrity: You are responsible for ensuring that your account information remains secure and is not made available to unauthorized individuals. You should take all necessary steps to ensure that your password and account details remain confidential and secure.
- Account Activity: You must not use your account maliciously against another person or entity, including engaging in behavior that may disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that negatively affects other users’ ability to use the Service.
Intellectual Property Rights
Ownership and Rights: All intellectual property rights in and to the services, technology, software, algorithms, user interfaces, know-how, logos, designs, text, graphics, and other files, and their selection and arrangement, and all other materials provided by or on behalf of GRM System through or in relation to the Grievance.app are and will remain the sole property of GRM System, its licensors, or its suppliers. The Grievance.app and all content therein are protected by copyright, patent, trademark, trade secret, and other intellectual property or proprietary rights laws. No title to or ownership of any proprietary rights related to the Grievance.app is transferred to you pursuant to these terms.
User License: Subject to your compliance with these terms, GRM System grants you a non-exclusive, non-transferable, revocable license to access and use the Grievance.app strictly in accordance with these terms. The license is limited to personal and internal use only unless specific authorization is provided for other uses. This license grants the right to:
- Access Content: You may access materials provided through the Grievance.app solely for your personal, non-commercial use.
- Limited Download and Printing: You may download or print pages and other content provided through the Grievance.app for your personal, non-commercial use, and you must not remove any proprietary notices on them.
- No Modification: You may not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, compile or reverse engineer any part of the Grievance.app or any content available through the site except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You must not use the Grievance.app or its content in any manner not expressly permitted by these terms. This includes, but is not limited to:
- No Redistribution: You may not sell, redistribute, or reproduce the Grievance.app or the content.
- No Public Display: You may not display the content in public, in competition settings, or for commercial purposes.
- No Exploitation: You may not exploit any part of the Grievance.app or its content for commercial purposes without obtaining a license to do so from GRM System.
Use of the Platform
Permitted Use: Users of the Grievance.app are required to engage with the platform in a manner that is ethical, lawful, and in accordance with these Terms and Conditions, as well as any applicable local, national, and international laws and regulations. The permitted use of the platform includes:
- Compliant Navigation and Interaction: Accessing and interacting with the platform features and functionalities as explicitly intended by GRM System.
- Data Entry and Management: Entering and managing data through the Grievance.app in a manner that is consistent with the designed workflows and processes outlined by GRM System.
- Information Consumption: Using the information provided on the platform, including downloadable resources, for lawful purposes directly related to managing grievances within the scope of your organization or personal use.
It is incumbent upon each user to ensure that their use of the Grievance.app does not disrupt or negatively impact the platform’s functionality, security, accessibility, and overall integrity.
Prohibited Use: To maintain the integrity and security of the Grievance.app and its users, certain activities are strictly prohibited on the platform. Engaging in any of these prohibited activities may result in immediate termination of your access to the services, legal action, and possible financial penalties. The prohibited activities include, but are not limited to:
- Unauthorized Access and Interference: Attempting to gain unauthorized access to any part of the platform or its related systems or networks, including attempting to probe, scan, or test the vulnerability of a system or to breach security or authentication measures without proper authorization.
- Misuse of Services: Using the platform for any purposes beyond the scope of its intended use, such as transmitting spam, chain letters, or other unsolicited email, or using the platform to engage in commercial activities without proper authorization.
- Infringement of Rights: Uploading, posting, hosting, or transmitting emails, content, or other material that infringes on the intellectual property or other proprietary rights of others.
- Introduction of Malicious Software: Introducing any viruses, worms, malware, Trojan horses, or other content that is malicious or technologically harmful.
- Engagement in Illegal Activities: Using the platform to conduct or promote activities that are unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- Harassment and Abuse: Harassing, abusing, or harming another person or group, including GRM System employees and representatives, through any means or forms of communication.
- Data Mining and Scraping: Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to the platform, or while using the platform.
Service Availability
Uptime: GRM System commits to maintaining a high level of service availability for the Grievance.app, aiming to ensure that the platform is operational and accessible to all users 24 hours a day, 7 days a week. We recognize the critical nature of the grievance management services provided by our platform and strive to minimize disruptions to our service. However, it is important to note:
- Planned Downtime: The platform may occasionally require scheduled maintenance to perform upgrades, enhancements, and other necessary adjustments. Such planned downtime will be announced in advance to provide users adequate notice to plan accordingly. Efforts will be made to schedule these maintenance activities during off-peak hours to minimize impact on service availability.
- Unplanned Disruptions: In the event of unforeseen circumstances leading to unplanned downtime, GRM System will take immediate actions to restore service and minimize the duration of any disruption. Users will be informed of the issue and the expected resolution timeline as promptly as possible.
Maintenance and Support: GRM System provides comprehensive maintenance and support services to ensure the efficient operation of the Grievance.app platform. These services are designed to address and resolve technical issues, optimize platform performance, and assist users in their operations:
- Maintenance Services: Regular system checks and updates to ensure the platform runs smoothly and securely. Maintenance includes bug fixes, software updates, and enhancements to features and functionalities.
- Support Services: Users can reach out to our dedicated support team for assistance with any platform-related queries or issues. Support can be accessed through multiple channels including, but not limited to, email, phone, and a dedicated support portal on the platform.
- Reporting Problems: Users are encouraged to report any issues or difficulties encountered while using the platform. This can be done via our designated support channels. We provide clear instructions on how to report problems, and we commit to addressing these issues in a timely and effective manner.
- Feedback and Improvements: We value user feedback and consider it essential for the continuous improvement of the Grievance.app. Users are encouraged to provide feedback on their experience and suggest improvements.
Modifications to the Service
Right to Modify: GRM System reserves the full right to modify, enhance, or otherwise alter the Grievance.app platform or any part of the services offered therein. This right extends to the temporary or permanent discontinuation of the service, either in whole or in part, at any time and with or without prior notice to users. Such changes are generally aimed at enhancing the functionality, security, or user-friendliness of the services, adapting to technological advancements, or complying with legal and regulatory requirements.
- Notification of Changes: Whenever feasible, GRM System will provide advance notice to users regarding significant changes to the service, especially those that could materially affect the use of the platform. This notice will be conveyed through the platform’s interface, via email, or through other communication channels deemed appropriate.
Liability for Modification: GRM System is committed to ensuring the highest standards of service and reliability; however, it is acknowledged that the dynamic nature of technology and business may necessitate changes. It is explicitly stated that:
- No Liability for Changes: GRM System shall not be held liable for any alterations, suspensions, or discontinuances of the Grievance.app service or any part thereof. This includes but is not limited to any potential loss of data, features, or capacity that might occur as a result of such changes.
- User Recourse: Users are advised that their sole recourse in the event of dissatisfaction with any modifications to, or suspension or discontinuation of the service, is to discontinue using the Grievance.app. Continuation of use following changes signifies acceptance of the new terms as amended.
- Preservation of Data: In the event of significant modifications or discontinuation of the service, GRM System will, to the extent practicable, endeavor to provide users with options for exporting their data or transitioning to new operational frameworks, subject to the prevailing technical and legal constraints.
Termination
Account Termination: At GRM System, we provide clear guidelines regarding the conditions under which a user account on the Grievance.app platform may be terminated. Both users and GRM System have the authority to terminate an account, each under specific circumstances.
- User-Initiated Termination: Users may decide to terminate their accounts at any time. To initiate this process, users are required to access their account settings and follow the procedures outlined for account closure. This process is designed to be straightforward and user-friendly, ensuring that users can exercise their right to discontinue service at their discretion.
- GRM System-Initiated Termination: GRM System reserves the right to suspend or terminate a user’s account if there are reasonable grounds to believe that the user has violated any provisions of these terms, engaged in fraudulent or illegal activities, or acted in a manner that may harm other users or the integrity of the service. Such termination may be effected without prior notice, although GRM System will typically provide the user with notice and an opportunity to resolve the issues leading to termination.
Effect of Termination: The termination of an account has several implications for the user, primarily concerning the status and handling of data.
- Data Retention and Deletion: Upon termination, GRM System will deactivate the user’s account and information associated with it may no longer be accessible by the user. However, certain data may be retained by GRM System to comply with legal obligations, resolve disputes, and enforce our agreements.
- Handling of In-Process Grievances: If any grievances are in process at the time of account termination, GRM System will determine the most appropriate course of action based on the specific circumstances, which may include closing out the grievance or transferring it to a relevant authority if necessary.
- Financial Settlements: Any outstanding financial obligations owed by the user to GRM System or vice versa will need to be settled as part of the termination process. Detailed procedures for financial settlement will be communicated to the user as applicable.
Disclaimers and Limitations of Liability
Service As-Is: GRM System provides the Grievance.app platform to users on an “as is” and “as available” basis. This clause serves to inform users that GRM System makes no representations or warranties of any kind, express or implied, as to the operation of the service or the information, content, materials, or products included on the service. We expressly disclaim all warranties, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- No Warranties for Functionality or Accessibility: GRM System does not warrant that the Grievance.app service, its servers, or e-mail sent from the service are free of viruses or other harmful components.
- No Warranty on Information Accuracy: Any material downloaded or otherwise obtained through the use of the service is done at the user’s own discretion and risk, and users will be solely responsible for any damage to their computer system or loss of data that results from the download of any such material.
Liability Limitation: GRM System’s liability to users is limited to the fullest extent permitted by law. Under no circumstances shall GRM System, its directors, officers, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from any aspect of your use of the Grievance.app platform, whether the damages arise from use or misuse of the service, from an inability to use the service, or the interruption, suspension, modification, alteration, or termination of the service.
- Limitation on Monetary Damages: This includes limitations on liability for loss of profits, goodwill, use, data or other intangible losses (even if GRM System has been advised of the possibility of such damages).
- Liability in Connection with Third Party Claims: Liability is also limited in terms of legal claims made by third parties that arise out of your use of the service.
- Jurisdictional Limitations: The limitation of liability reflects the allocation of risk between the parties and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, law) and even if GRM System has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
Indemnity
Indemnification Obligation: As a user of the Grievance.app platform, you agree to indemnify, defend, and hold harmless GRM System, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the service, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
- Scope of Indemnification: This indemnification obligation will survive the termination or expiration of your account and your use of the service.
- Legal Defense: GRM System will provide notice to you promptly of any such claim, suit, or proceeding. GRM System reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which event you will cooperate with GRM System in asserting any available defenses.
- Settlement Authority: You may not settle any claim without the prior written consent of GRM System, which shall not be unreasonably withheld.
General Provisions
Governing Law: These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Senegal, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
- Jurisdiction: Any disputes will be handled in the appropriate court within the jurisdiction of Senegal.
- Legal Consistency: This provision ensures that the terms are interpreted consistently in the region where GRM System is incorporated, promoting clarity and predictability in legal matters.
- Conflict Resolution: Emphasizes our commitment to resolve disagreements within the framework of Senegalese law, ensuring that both parties understand the legal standards and processes involved.
Severability: If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. In such instances, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and necessary modifications to these Terms shall be made accordingly to fulfill the original intent as closely as possible.
- Preservation of Intent: Ensures that even if part of the terms is invalidated, the original intentions of the parties are maintained as much as legally possible.
- Adaptability: Demonstrates the flexibility of the terms to adapt to legal scrutiny, reinforcing their robustness and fairness.
- Endurance of Terms: Ensures that the rest of the terms continue to be in full effect, maintaining the overall structure and enforceability of the agreement.
Changes to Terms
Right to Update: GRM System reserves the right, at its sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
- Notice of Changes: Users will be informed of any changes through updates posted on the Grievance.app website, ensuring transparency.
- User Responsibility: Emphasizes the user’s responsibility to stay informed about changes to the terms, encouraging regular review of the Terms and Conditions.
- Acceptance through Continued Use: Clarifies that continuing to use the service after changes have been made and posted will be regarded as acceptance of the new terms, highlighting the importance of staying updated.
Contact Information
Company Contact: For any questions or concerns regarding these Terms and Conditions or any issues related to the use of the Grievance.app, please contact GRM System at the following:
- Email Address: support@grievance.app
- Physical Address: GRM System, [Street Address], Dakar, Senegal
- Phone Number: +221 [Phone Number]
Users are encouraged to reach out to our dedicated support team for clarifications, assistance, or to provide feedback. Our goal is to ensure that your experience with Grievance.app is seamless and compliant with all applicable legal standards.
- Availability: Our support team is available from 8:00 AM to 5:00 PM GMT, Monday to Friday.
- Response Time: We aim to respond to all inquiries within 48 business hours.
- Feedback Channel: We welcome feedback to continuously improve our services and user experience.
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