Thank you for using Benchmetrics! We are a proudly Canadian analytics benchmarking company. We collect and contribute your analytics data to an aggregate data set, remove identifiable information, and then provide metrics to help you understand data trends, as well as where you stand, within your industry or peer group (the “Services”).
By creating a Benchmetrics account, you authorize Benchmetrics to access, use and analyze your analytics data. You also agree to the terms below (the “Terms”) and you agree that these Terms control your relationship with us. As a result, please read all of the Terms carefully.
If you are using our Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of the entity (and all references to “you” in these Terms refers to that entity).
In order for Benchmetrics to provide the Services in a useful manner, you agree to provide and link correct information in registering your account with Benchmetrics, as well as to always update and link any relevant account information, both within your Benchmetrics account and your third party analytics data provider account.
Benchmetrics recognizes the importance of the protection of customer data. As such, Benchmetrics adheres to a privacy and use policy (the “Privacy Policy”) that describes to you, our customer, how we collect and use your analytics data, as well as your commitments with respect to same. Please review our Privacy Policy here. Our Privacy Policy forms part of these Terms.
The Services commence when we make them available to you and continue for the term specified in writing between you and us (whether through a “check-out” interface, an order form, or any other written communications between us). If no term has been set, you may stop using the Services at any time by providing 30 days’ written notice to us.
If you want to terminate these Terms, you must provide Benchmetrics with prior written notice and upon termination, cease your use of the Services. Otherwise, these Terms shall continue indefinitely in governing the relationship between us.
Benchmetrics reserves the right to terminate the Terms with you or discontinue the Services, or any portion or feature or your access thereto, for any reason and at any time without liability or other obligation to you.
Upon any termination of the Terms or discontinuation of your access to the Services, you will immediately stop using the Services.
EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, BENCHMETRICS DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. THE SERVICES ARE PROVIDED “AS IS.”
ALTHOUGH SOME JURISDICTIONS PROVIDE FOR CERTAIN LEGISLATED WARRANTIES, EXCEPT FOR AS EXPRESSLY PROVIDED FOR IN THE TERMS, AND TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS AND UNDERTAKINGS.
With respect to any loss you may suffer as a result of using the Services, Benchmetrics will not be responsible for lost profits, revenues or data; financial losses; or indirect, special, consequential, exemplary or punitive damages.
The total liability of Benchmetrics for any claim under the Terms, including for implied warranties, is limited to the amount you paid us, if anything, to use the Services during the three months prior to the event giving rise to the liability. This is what the lawyers call liquidated damages and shall be treated as such.
In all situations, Benchmetrics will not be liable for any expense, loss or damage that is not reasonably foreseeable.
You will defend and indemnify Benchmetrics, our affiliates, directors, officers, employees and users against all liabilities, damages, losses, costs, fees (including solicitor-client fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from your misuse of the Services, your violation of the Terms, or in relation any data supplied by you to Benchmetrics.
Benchmetrics relies upon and uses your data exclusively as provided by third party analytics data providers. Therefore, the provision of the Services and these Terms are subject to the continued provision of analytics data by those third party analytics data providers. By registering for and using our Services, you recognize and acknowledge that the Services are reliant upon the ability of those third party analytics data providers’ continued operation; therefore Benchmetrics shall not be held liable for the manner in which those third party analytics data providers collect, use and share your data with Benchmetrics, nor for any third party analytics data providers’ changes, revisions or modifications with respect to how they carry out any of these activities.
You will comply with all applicable law, regulations, and third party rights (including, without limitation, laws regarding the import or export of data or software, privacy, and local laws). You will also comply with the terms and conditions required by all third party analytics data providers (e.g. Google Analytics, etc.).
If you provide feedback or suggestions about our Services, then we, and those we allow, may use such information without obligation to you.
We may modify these Terms or any portion to, for example, reflect changes to the law or changes to our Services. You should review the Terms regularly. We will post notice of modifications to the Terms to this website. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. However, changes addressing new functions for the Services or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for the Services, you should discontinue your use of the Services. YOUR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED TERMS.
If any particular term in the Terms is not enforceable, this will not affect the enforceability of any other terms. The Terms are the entire agreement between you and Benchmetrics, and the Terms supersede and cancel any and all pre-existing agreements and understandings between us relating to the subject matter hereof.
The Terms and your relationship with Benchmetrics shall be governed by, interpreted and construed in accordance with the laws of the Province of Saskatchewan and the laws of Canada applicable therein. We both agree to attorn to the exclusive jurisdiction of the courts of the Province of Saskatchewan, Canada, and all courts competent to hear appeals therefrom.
Thank you for choosing Benchmetrics! Should you have any questions about these Terms, please feel free to contact us at the information noted below. Legal notices may also be directed to this address.
Benchmetrics
201 226 20th Street West
Saskatoon, SK S7M 0W9
Canada
[email protected]