Terms
AGREEMENT TO OUR LEGAL TERMS
We are Data Cloud
Technologie ('Company', 'we', 'us', or 'our').
We operate the website http://www.datacloudhire.com (the 'Site'), as well as any other related
products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
You can contact us by phone
at +447418378603, email at info@datacloudhire.com, or by mail to __________, __________, United
Kingdom.
These Legal Terms constitute a
legally binding agreement made between you, whether personally or on behalf of
an entity ('you'), and Data Cloud Technologie, concerning
your access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and
conditions or documents that may be posted on the Services from time to time
are hereby expressly incorporated herein by reference. We reserve the right, in
our sole discretion, to make changes or modifications to these Legal Terms from
time to time. We will alert you about any changes by updating the 'Last
updated'date of these Legal Terms, and you waive any right to receive specific
notice of each such change. It is your responsibility to periodically review
these Legal Terms to stay informed of updates. You will be subject to, and will
be deemed to have been made aware of and to have accepted, the changes in any
revised Legal Terms by your continued use of the Services after the date such
revised Legal Terms are posted.
The Services are intended for
users who are at least 18 years old. Persons under the age of 18 are not
permitted to use or register for the Services.
We recommend that you print a
copy of these Legal Terms for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
8. USER GENERATED CONTRIBUTIONS
13. MODIFICATIONS AND INTERRUPTIONS
21. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
1. OUR SERVICES
The information provided when
using the Services is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee
of all intellectual property rights in our Services, including all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the 'Content'),
as well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are
protected by copyright and trademark laws (and various other intellectual
property rights and unfair competition laws) and treaties in the United States
and around the world.
The Content and Marks are
provided in or through the Services 'AS IS' for your personal,
non-commercial use only.
Your use of our Services
Subject to your compliance with
these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive,
non-transferable, revocable licence to:
- access the Services; and
- download or print a copy of any portion of the Content to which you
have properly gained access.
solely for your personal,
non-commercial use.
Except as set out in this
section or elsewhere in our Legal Terms, no part of the Services and no Content
or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.
If you wish to make any use of
the Services, Content, or Marks other than as set out in this section or
elsewhere in our Legal Terms, please address your request to: info@datacloudhire.com.
If we ever grant you the permission to post, reproduce, or publicly display any
part of our Services or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not
expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual
Property Rights will constitute a material breach of our Legal Terms and your
right to use our Services will terminate immediately.
Your submissions and
contributions
Please review this section and
the 'PROHIBITED ACTIVITIES' section
carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through the
Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services
('Submissions'), you agree to assign to us all intellectual property rights in
such Submission. You agree that we shall own this Submission and be entitled to
its unrestricted use and dissemination for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and
other functionality during which you may create, submit, post, display,
transmit, publish, distribute, or broadcast content and materials to us or
through the Services, including but not limited to text, writings, video,
audio, photographs, music, graphics, comments, reviews, rating suggestions,
personal information, or other material ('Contributions'). Any Submission that
is publicly posted shall also be treated as a Contribution.
You understand that
Contributions may be viewable by other users of the Services.
When you post Contributions, you
grant us a licence (including use of your name, trademarks, and
logos): By posting any Contributions,
you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and licence to:
use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle,
store, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part), and exploit your Contributions (including, without
limitation, your image, name, and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into
other works, your Contributions, and to sublicence the licences granted
in this section. Our use and distribution may occur in any media formats and
through any media channels.
This licence includes
our use of your name, company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide.
You are responsible for what you
post or upload: By sending us Submissions and/or
posting Contributions through any part of the Services or making
Contributions accessible through the Services by linking your account through
the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit
through the Services any Submissionnor post any Contribution that is
illegal, harassing, hateful, harmful, defamatory, obscene, bullying,
abusive, discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all
moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are
original to you or that you have the necessary rights and licences to
submit such Submissions and/or Contributions and that you have
full authority to grant us the above-mentioned rights in relation to your
Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or
Contributions do not constitute confidential information.
You are solely responsible for
your Submissions and/or Contributions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach
of (a) this section, (b) any third party’s intellectual property rights, or (c)
applicable law.
We may remove or edit your
Content: Although we have no
obligation to monitor any Contributions, we shall have the right to remove or
edit any Contributions at any time without notice if in our reasonable opinion
we consider such Contributions harmful or in breach of these Legal Terms. If we
remove or edit any such Contributions, we may also suspend or disable your
account and report you to the authorities.
Copyright infringement
We respect the intellectual
property rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or control, please
immediately refer to the 'COPYRIGHT INFRINGEMENTS' section below.
By using the Services, you
represent and warrant that: (1) all registration information you submit will be
true, accurate, current, and complete; (2) you will maintain the accuracy of
such information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to
comply with these Legal Terms; (4) you are not a minor in the jurisdiction in
which you reside; (5) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise; (6) you will not
use the Services for any illegal or unauthorised purpose; and (7)
your use of the Services will not violate any applicable law or regulation.
If you provide any information
that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use
of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register
to use the Services. You agree to keep your password confidential and will be
responsible for all use of your account and password. We reserve the right to
remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
We accept the following forms of
payment:
- Mastercard
- Visa
You agree to provide current,
complete, and accurate purchase and account information for all purchases made
via the Services. You further agree to promptly update account and payment
information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as
needed. Sales tax will be added to the price of purchases as deemed required by
us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at
the prices then in effect for your purchases and any applicable shipping fees,
and you authorise us to charge your chosen payment provider for any
such amounts upon placing your order. We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested or received
payment.
We reserve the right to refuse
any order placed through the Services. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer account,
the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole judgement,
appear to be placed by dealers, resellers, or distributors.
6. POLICY
Please review our Return Policy
posted on the Services prior to making any purchases.
7. PROHIBITED ACTIVITIES
You may not access or use the
Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial endeavours except
those that are specifically endorsed or approved by us.
As a user of the Services, you
agree not to:
- Systematically retrieve data or other
content from the Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission
from us.
- Trick, defraud, or mislead us and other
users, especially in any attempt to learn sensitive account information
such as user passwords.
- Circumvent, disable, or otherwise
interfere with security-related features of the Services, including
features that prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Services and/or the Content
contained therein.
- Disparage, tarnish, or otherwise harm, in
our opinion, us and/or the Services.
- Use any information obtained from the
Services in order to harass, abuse, or harm another person.
- Make improper use of our support services
or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent
with any applicable laws or regulations.
- Engage in unauthorised framing
of or linking to the Services.
- Upload or transmit (or attempt to upload
or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and
enjoyment of the Services or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or maintenance of
the Services.
- Engage in any automated use of the
system, such as using scripts to send comments or messages, or using any
data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary
rights notice from any Content.
- Attempt to impersonate another user or
person or use the username of another user.
- Upload or transmit (or attempt to upload
or to transmit) any material that acts as a passive or active information
collection or transmission mechanism, including without limitation, clear
graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as 'spyware' or 'passive
collection mechanisms' or 'pcms').
- Interfere with, disrupt, or create an
undue burden on the Services or the networks or services connected to the
Services.
- Harass, annoy, intimidate, or threaten
any of our employees or agents engaged in providing any portion of the
Services to you.
- Attempt to bypass any measures of the
Services designed to prevent or restrict access to the Services, or any
portion of the Services.
- Copy or adapt the Services' software,
including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law,
decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Services.
- Except as may be the result of standard
search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the Services,
or use or launch any unauthorised script or other software.
- Use a buying agent or purchasing agent to
make purchases on the Services.
- Make any unauthorised use of
the Services, including collecting usernames and/or email addresses of
users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretences.
- Use the Services as part of any effort to
compete with us or otherwise use the Services and/or the Content for any
revenue-generating endeavour or commercial enterprise.
- Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
8. USER
GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may provide
you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, 'Contributions'). Contributions may be viewable by
other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
- The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licences,
rights, consents, releases, and permissions to use and to authorise us,
the Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated
by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libellous, slanderous, or otherwise objectionable
(as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a
specific person or class of people.
- Your Contributions do not violate any applicable law, regulation,
or rule.
- Your Contributions do not violate the privacy or publicity rights
of any third party.
- Your Contributions do not violate any applicable law concerning
child pornography, or otherwise intended to protect the health or
well-being of minors.
- Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
- Your Contributions do not otherwise violate, or link to material
that violates, any provision of these Legal Terms, or any applicable law
or regulation.
Any use of the Services in violation of the foregoing violates these
Legal Terms and may result in, among other things, termination or suspension of
your rights to use the Services.
9. CONTRIBUTION LICENCE
By posting your Contributions to
any part of the Services, you automatically grant, and you represent and
warrant that you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and licence to host, use, copy, reproduce, disclose,
sell, resell, publish, broadcast, retitle, archive, store, cache, publicly
perform, publicly display, reformat, translate, transmit, excerpt (in whole or
in part), and distribute such Contributions (including, without limitation,
your image and voice) for any purpose, commercial, advertising, or otherwise,
and to prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorise sublicences of the foregoing.
The use and distribution may occur in any media formats and through any media
channels.
This licence will apply to any form, media, or technology now
known or hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide. You waive
all moral rights in your Contributions, and you warrant that moral rights have
not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorise any
Contributions to place them in more appropriate locations on the Services; and
(3) to pre-screen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your Contributions.
10. SERVICES MANAGEMENT
We reserve the right, but not
the obligation, to: (1) monitor the Services for violations of these Legal
Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion
and without limitation, refuse, restrict access to, limit the availability of,
or disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all
files and content that are excessive in size or are in any way burdensome to
our systems; and (5) otherwise manage the Services in a manner designed to
protect our rights and property and to facilitate the proper functioning of the
Services.
11. COPYRIGHT INFRINGEMENTS
We respect the intellectual
property rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or control, please
immediately notify us using the contact information provided below (a 'Notification').
A copy of your Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that pursuant to
applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Services infringes your copyright, you should
consider first contacting an attorney.
12. TERM AND TERMINATION
These Legal Terms shall remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
13. MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any reason at
our sole discretion without notice. However, we have no obligation to update
any information on our Services. We also reserve the right to modify or
discontinue all or part of the Services without notice at any time. We
will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Services.
We cannot guarantee the Services
will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.
14. GOVERNING LAW
These Legal Terms shall be
governed by and defined following the laws of Nigeria. Data Cloud
Technologie and yourself irrevocably consent that the courts of Nigeria shall
have exclusive jurisdiction to resolve any dispute which may arise in
connection with these Legal Terms.
15. DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising from the
relationships between the Parties to these Legal Terms shall be determined by
one arbitrator who will be chosen in accordance with the Arbitration and
Internal Rules of the European Court of Arbitration being part of the European
Centre of Arbitration having its seat in Strasbourg, and which are in force at
the time the application for arbitration is filed, and of which adoption of
this clause constitutes acceptance. The seat of arbitration shall be London, United
Kingdom. The language of the proceedings shall be English. Applicable
rules of substantive law shall be the law of the United Kingdom.
Restrictions
The Parties agree that any
arbitration shall be limited to the Dispute between the Parties individually.
To the full extent permitted by law, (a) no arbitration shall be joined with
any other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilise class action
procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public
or any other persons.
Exceptions to Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions concerning binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorised use; and (c) any claim for injunctive
relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
16. CORRECTIONS
There may be information on the
Services that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Services at any time, without prior
notice.
17. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN
AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE
AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED
TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE OR OUR
DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
19. INDEMNIFICATION
You agree to defend, indemnify,
and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of: (1) your
Contributions; (2) use of the Services; (3) breach of these Legal Terms;
(4) any breach of your representations and warranties set forth in these Legal
Terms; (5) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (6) any overt harmful act toward
any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defence and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our defence of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.
20. USER DATA
We will maintain certain data
that you transmit to the Services for the purpose of managing the performance
of the Services, as well as data relating to your use of the Services. Although
we perform regular routine backups of data, you are solely responsible for all
data that you transmit or that relates to any activity you have undertaken
using the Services. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
21. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending
us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.
22. MISCELLANEOUS
These Legal Terms and any
policies or operating rules posted by us on the Services or in respect to the
Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these
Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms
and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use
of the Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defences you
may have based on the electronic form of these Legal Terms and the lack of
signing by the parties hereto to execute these Legal Terms.
23. CONTACT US
In order to resolve a complaint
regarding the Services or to receive further information regarding use of the
Services, please contact us at:
Data Cloud Technologie
__________
United Kingdom
Phone: +447418378603
info@datacloudhire.com