Command Centre Web Terms and Conditions

The Command Centre Web allows you to control and configure features of Gallagher’s Command Centre via the worldwide web to meet the unique needs of your site. Gallagher is offering the Command Centre Web to you free of charge for the term of the Trial Period.  Gallagher’s standard charges for the Command Centre Web will apply to your use of Command Centre Web after the expiry of the Trial Period.  If you continue to use the Command Centre Web after the Trial Period, an additional licensing fee will be applicable to you.

The Command Centre Web is an application provided by Gallagher and forms part of the Gallagher Command Centre software. Accordingly, in addition to these Special Terms, the Software License and Maintenance Terms and Conditions will apply to your use of the Command Centre Web .

 

Special Terms

Trial Period

Your free trial period commences on the date you check the box via Gallagher’s Command Centre to indicate your confirmation to activate the Command Centre Web and will continue until Gallagher, in its sole discretion, notifies you that the free trial period will expire by providing you 30 days written notice (Trial Period). After the Trial Period Gallagher’s standard charges, as notified to you, will apply to your use of the Command Centre Web and will be payable by you. If you do not wish to pay to continue your use of Command Centre Web after the Trial Period, your access will be:

1. limited to the Command Centre release at the time of your Trial Period; or
2. at Gallagher’s discretion, automatically end at the expiry of the Trial Period.

 

Obligations

Your free access to the Command Centre Web requires you to: a) participate in the Customer Experience Improvement Program (CEIP), details of the CEIP and its privacy statement can be found here; b) provide detailed reports on issues found to Gallagher; c) where possible and practical, actively manage and use Command Centre Web for day-to-day operations; and d) promote adoption of new features on the Command Centre Web where practical.

 

Data

In addition to collecting CEIP information, the Command Centre Web has data analytics functionality that automatically collects and tracks your use of the Command Centre Web. The type of data collected includes, but is not limited to, the number of users and the types of features used. The collection of data is used for product development, quality control and monitoring the performance of the Command Centre Web.  No personal information is collected via your use of the Command Centre Web.

 

Feedback

Your feedback is an important part of your free access to the Command Centre Web, as such you acknowledge and agree: a) to engage in facilitated feedback forums from time to time as required by Gallagher; and b) to immediately report to us any problems or issues found that are related to the Command Centre Web.

 

Confidentiality

For the purposes of this clause Confidential Information means: a) these terms; b) any and all business information of Gallagher, in any form; and c) any other information identified by Gallagher as confidential, or which is designated or would reasonably be regarded as being confidential except for any such information that: a) is within the public domain, or subsequently enters the public domain through no fault of you; b) at the date of disclosure is known to a party and in a parties lawful possession through no breach of these terms, c) is lawfully disclosed to a party by a third party without restriction on disclosure, is independently developed by a party.

You agree to: a) keep Gallagher’s Confidential Information in confidence and to put in place effective security measures to prevent the unauthorized access to or use; b) use Gallagher’s Confidential Information only as required for the purposes of these terms; c) only disclose Gallagher’s Confidential Information to officers and employees who have a need to know for the purpose of these terms and ensure that officers and employees are required and notified of the obligation to keep Confidential Information in confidence.

 

Intellectual Property

This Agreement does not confer on you any rights in the intellectual property of the Command Centre Web. All right, title and interest in the Command Centre Web, the software and its enhancements, including all intellectual property rights, will, as between you and us, remain vested absolutely and exclusively in Gallagher. You acknowledge that any feedback will be our intellectual property on and from its creation and you acknowledge that we may incorporate any feedback into our software, products, or services without any compensation to you.

 

No Warranties

Gallagher gives no warranty or representations in relation to the Command Centre Web and all such warranties expressed or implied by law, to the extent permissible by law, are excluded. Gallagher does not warrant that the functions contained in the Command Centre Web will meet your business requirements or that the operation of the Command Centre Web will be uninterrupted or error free. Under these terms Gallagher will not in any circumstances be liable to you or your directors, officers, employees, contractors or agents for claims, expenses, loss or damage of any type. To the extent permitted by law, if Gallagher becomes liable for any amount under or in relation to these terms, the total liability will be limited to $100.  In no event will either party be liable for any indirect, incidental, special, punitive, or consequential damages or damages for loss of profits, revenue, data or data use, incurred by the other party or any third party, whether in contract or tort.

 

Termination

Gallagher reserves the right to limit, suspend or immediately terminate your access or use of the Command Centre Web if we have reasonable grounds to believe that you have breached these terms or have used the Command Centre Web in a manner that exceeds our estimated use patterns, is fraudulent, abusive or otherwise in violation of any applicable law (including privacy laws). Either party may terminate this Agreement at any time on 30 days’ written notice to the other party.