Theses terms of use and legal disclaimer apply to the managed hosting service. By logging into the service you acknowledge that you have read this page in full and agree to its terms.
Introduction
Maldaba Limited (‘Maldaba’) has developed an online questionnaire builder Elicia to enable Users to create questionnaires that may be responded to by public Respondents. Maldaba and Jack Dowie have developed an online multi-criteria decision-aid Annalisa to help Users and Respondents make and analyse decisions.
Together, Elicia and Annalisa form the Managed Hosting Service. By accessing and using the Service you agree that you have read and accept these terms and conditions and that they shall apply to your use. If you do not wish to be bound by these terms and conditions, please leave the Service.
Payment
Users shall subscribe to the Service and make payment in advance of being granted access to the Service. Once payment is received, Maldaba will notify the User by e-mail with login details. Payment may be made monthly (with no minimum term) or upfront for a fixed period in agreement with Maldaba.
Users may cancel their account within 7 days of Maldaba receiving payment to receive a full refund. After 7 days, no refunds are given.
If a User has paid in advance for a fixed period and wishes to terminate their account before the end of this fixed period, no refund will be given, unless the User issues their request within 7 days of Maldaba receiving payment.
Data
All data entered into the Service by either the User or their Respondents will belong to the User without limitation. Maldaba will reasonably provide the data to the User during the lifetime of their Subscription.
It is solely the User’s responsibility to ensure that data entered by the User or their Respondents is free from copyright and is eligible to be entered into the Service. In this regard Maldaba acts as Data Processor under the Data Protection Act 1998.
Maldaba will make all reasonable efforts to keep the User’s data secure.
Data on the Service is backed-up nightly. If the User requires Maldaba to restore lost data (where the loss is through no fault of Maldaba or its suppliers) then Maldaba will charge for its time at Maldaba’s standard daily rate (Day Rate).
Once the User terminates their Subscription, Maldaba make absolutely no guarantees regarding the retention of the User’s data. It is the User’s sole responsibility to ensure their data is taken out of the Service before their Subscription ends.
Access to data by Maldaba is restricted to Maldaba staff and organisations employed or contracted by Maldaba to fulfil parts of its service.
Users in the User’s package may access the User’s data and the data of the User’s Respondents.
Maldaba will make all reasonable efforts to protect data from access by anyone other than those referred to above.
Termination
The User may terminate their Subscription at any time.
Maldaba may terminate the User’s Subscription at any time, without warning.
Maldaba will terminate the User’s Subscription if any of the following:
- The User fails to pay or renew their Subscription.
- Maldaba is made aware that the User is entering data or content that may infringe copyright, trademark patent or any other intellectual property.
- Maldaba is made aware of data or content that Maldaba considers to be unlawful, racist, sexist, promoting illegal activity, promoting violence, promoting discrimination.
The above is not an exhaustive list of reasons for termination of a User’s Subscription.
Warranties
Maldaba makes no warranties nor cannot be held liable for any of the following:
- Service failure caused by problems with your Internet connection
- Performance failure of the Internet affecting use of the Service
- Decisions or analyses made with the use of the Service
- Inaccuracies in the data entered by Service Users or Respondents
- Outages of the Service that are beyond Maldaba’s control
Maldaba will make every reasonable effort to ensure the Service remains online and available to Users. Once notified of a problem accessing the Service, Maldaba will take all reasonable measure to return the Service to a working state as soon as possible.
Legal Disclaimer - Summary
The makers of Elicia are not responsible for:
- Any problems caused by the functioning, non-functioning or incorrect functioning of the software.
- Any actions or decisions you take based on the output of the software.
The full disclaimer is given below - please read it carefully.
We have provided this summary in order to stress the most important points of the disclaimer in simple English, but you should make sure you have read and agree with the full legal disclaimer before using this software.
This summary is for your convenience and does not constitute part of the legal disclaimer.
Legal Disclaimer
Definition: The term "program makers" as used in this section includes not only a natural person but any entity, (including natural persons), who holds a copyright in, or published, developed, designed, modified, distributed, redistributed, or in any way contributed to this software or program. The program makers do not warrant any aspect of this program, including any output or results of this program This program is being provided "as is", without any warranty of any type or nature, either express or implied, including any warranty that this program is free from defects. The risk of any and all loss, damage, or unsatisfactory performance of this program rests with you as the user. The program makers do not make any representation or warranty regarding the appropriateness of the use, output, or results of the use of this program in terms of its correctness, accuracy, reliability, being current or otherwise. Nor do they have any obligation to correct errors, make changes, support this software or program, distribute updates, or provide notification of any error or defect, known or unknown unless such arrangements have been explicitly agreed in writing. If you rely upon this program, you do so at your own risk, and you assume the responsibility for the results. Should this program prove to be defective, you assume the cost of all losses, including, but not limited to, any necessary servicing, repair or correction of any property involved. The program makers are not responsible for the result of any decisions taken as a result of using this program. All actions taken either as a result of the program's outcome or in consultation with the program are taken entirely at the user's risk and under full responsibility of the user. In no event, shall the program makers be liable for any loss, expense or damage, of any type or nature arising out of the use of, or inability to use this program, including, but not limited to, claims, suits or causes of action involving alleged infringement of copyrights, patents, trademarks, trade secrets, or unfair competition. By using the managed hosting service you agree to use the program in accordance with the disclaimer, above.