Terms and Conditions – Data Sciences Consulting
These are the Terms and Conditions of Data Sciences Consulting (“us”, “we”, etc.). By visiting or using www.datasciencesconsulting.com domain and related pages, and the app platform (“Our Website”), or signing up for our Services you agree to be bound by them.
Only if you are of minimum legal age Eighteen (18), should you use this website, else buying any of our products and services will be prohibited.
What terms mean in this document;
“Website” means www.datasciencesconsulting.com
“You”, “Yours”, “Client” or “Customer” refers to you the client and any other person that submits the order on the website on your behalf.
“We”, “Company” or “Our” refers to Data Sciences Consulting.
“Order” refers to a written order sent electronically and submitted by the client to our website. It lays down the scope of the work and all the specifications the client wishes to instruct Data Sciences Consulting regarding the customers’ requirement.
In this agreement unless the context otherwise requires:
1.1 A reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
1.2 A reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
1.3 The headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
1.4 Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
1.5 Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
1.6 A reference to the knowledge, information, belief or awareness of any person shall be deemed to include the knowledge, information, belief or awareness that person would have if he/she had made reasonable inquiries.
1.7 The words “without limitation” shall be deemed to follow any use of the words “include” or “including” herein.
1.8 A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
1.9 In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party; such cost calculated at €150 per hour.
1.10 These terms and conditions apply to all supplies of Services by us. They prevail over any terms proposed by you.
1.11 This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
“Content” means the textual, visual or aural content that is encountered as part of your experience on our website. It may include, among other things: text, images, sounds, videos and animations. It includes any contribution you may post on our website.
“Contribution” means content you may post on our website.
"Intellectual Property" means intellectual property owned by us, of every sort, whether or not registered or register-able in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Our Website” means our platform and includes all of the hardware and software installation that enables our website to function including our associated software and apps which may be offered to you as part of the services. "Post" means place on or into our website any content or material of any sort by any means.
“Services” means all of the services available from our website, whether free or charged, including, but not limited to reports prepared on your behalf, or pieces of work solving specific problems.
3.1 In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the services given on our website.
3.2 Subject to these terms and conditions, we agree to provide to you some or all of the services and products described on our website at the prices we charge from time to time.
3.3 You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements.
3.4 Our Intellectual Property is the sole property of Data Sciences Consulting and limited to the terms set out in this agreement.
3.5 The contract between us comes into existence only when we contact you to confirm that we agree to provide to you the Services you requested. Your payment creates a binding contract only for the required work and once finished and final payment received the contract ceases.
3.6 We may change this agreement and / or the way we provide the services, at any time. If we do:
3.6.1 The change will take effect when we post it on our website.
3.6.2 We will give you notice of the change. If you do not accept the change, you must notify us of your non-acceptance and we will refund any money you have paid for the services to be provided after the change to this agreement.
3.6.3 If you make any payment for services or goods in the future, you will do so under the terms posted on our Website at that time.
4.1 We use our best efforts to ensure that the prices of services are correct at the time when the relevant information was entered onto the system.
4.2 The price charged for any services may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
4.3 Prices are exclusive of any applicable value added tax or other sales tax.
4.4 All monies paid by you to us are non-refundable and cancellation and/or termination of this Agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
4.5 Our website contains several services. It is always possible that, despite our best efforts, some of the services on our Website may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
5.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
6.1 If you are a consumer, you have a legal right to cancel a contract under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013. This means, if you change your mind or decide for any other reason that you do not want to receive the services, you can notify us of your decision to cancel the contract and receive a refund.
6.2 To cancel a contract, you just need to let us know in writing that you have decided to cancel. You can also e-mail us. If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail to us.
We may, at our discretion or as part of a paid Service, give you permission to access our website for the purpose of posting or uploading a contribution or content of some sort. We may read, assess, review or moderate any contribution on our website. If we do, we need not notify you or give you a reason.
If you violate our website or use it unlawfully or immorally, we will take the strongest action against you that we can.
You now agree that you will not, and will not allow any other person to:
7.1 modify, copy, or cause damage or unintended effect to any portion of our website, or any software used within it;
7.2 link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
7.3 collect or use any product listings, descriptions, or prices;
7.4 collect or use any information obtained from or about our website or the content except as intended by this agreement;
7.5 aggregate, copy or duplicate in any manner any of the content or information available from our website, other than as permitted by this agreement or as is reasonably necessary for your use of the services;
7.6 for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
7.7 use our website to hack into the computer of any other person or make contact with any other computer;
7.8 make available or upload files that contain software or other material, data or information not owned or licensed to you, including pirated computer programs, pirated music or other media or links to any such files;
7.9 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
7.10 upload or republish any part of our content on any Internet, intranet or extranet site;
7.11 hide or remove the banner advertisements on any page of our website;
7.12 shares with a third party any login credentials to our website;
7.13 uses on our website software which assists in:
7.13.1 Data mining, extraction or collection;
7.13.2 Emulating, phreaking, hacking, password cracking, IP spoofing or over-loading our website;
7.13.3 “Framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques; or
7.13.4 Performing any automated operation;
7.14 Despite the above terms, we now grant a licence to you to:
7.14.1 Create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent; and
7.14.2 You may copy the text of any page for your personal use in connection with the purpose of our website or a service we provide.
Any agreement may be terminated upon either of us giving the other 30 days’ notice in writing addressed by post to the last known land address or by e-mail to the last known e-mail address of the other of us. For this and all purposes in connection with this agreement, our addresses are as at the head of this document. If your cancellation is to be effective, you must give us full information to enable us to identify:
8.1.1 Who you are;
8.1.2 That you have proper authority to cancel; and
8.1.3 The services you wish to cancel.
8.2 When we terminate it, without notice, on account of your failure to comply with these terms.
8.3 immediately by either party if a trustee receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction).
8.4 Any termination of this agreement by this paragraph shall be without prejudice to any other rights or remedies to which a party may be entitled.
8.5 Termination by either party shall have the following effects:
8.5.1Your right to use the services immediately ceases;
8.5.2 We are under no obligation to forward any unread or unsent messages to you or any third party.
8.6 There shall be no re-imbursement or credit if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
9.1 If it is necessary for us to interrupt the services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
9.2 You acknowledge that the Services may also be interrupted for reasons beyond our control. We do not guarantee that our website or any content will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and conditions of use and any other applicable terms and conditions, and that they comply with them.
9.3 You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the services.
9.4 To access some of the content or features of our website or the services, you may need to enhance or update the hardware or software in your computer system(s).
9.5 We may terminate or restrict your use of the services, without compensation or notice if you are, or if we reasonably believe that you are (i) in violation of any of these terms and conditions or (ii) engaged in illegal or improper use of the services.
You agree that at all times you will:
10.1 not cause or permit anything which may damage or endanger our title to the Intellectual Property;
10.2 notify us of any suspected infringement of the Intellectual Property;
10.3 indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
10.4 on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by the company in writing;
10.5 not use any name or mark similar to or capable of being confused with any name or mark of ours;
10.6 So far as concerns software provided or made accessible by us to you, you will not:
10.6.1 Copy, or make any change to any part of its code;
10.6.2 Use it in any way not anticipated by this agreement;
10.6.3 Give access to it to any other person than you, the licensee in this agreement; and
10.6.4 In any way provide any information about it to any other person or generally.
10.7 not use the Intellectual Property except directly in our interest.
11.1 We do not guarantee that our website or apps etc., will be secure or free from bugs or viruses.
11.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.
12.1 The services and content on our website is provided for general information only. We believe the information is accurate but it is not guaranteed. We aim to achieve the highest standards of information integrity, but errors could arise from a number of areas. You should therefore use any documents, surveys. Checklists, reports, ratings produced in the provision of the services with caution particularly in relation to higher value business decisions. All guidance material, checklists, articles, reports etc. offered as part of the provision of the services are based on best practice but should not be interpreted as being the accurate legal interpretation or as being regulatory compliant in all instances. Therefore you should always obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content or any information provided to you in the course of the provision of any of the services.
12.2 Although we make reasonable efforts to update the information provided on our website or as part of the services, we make no representations, warranties or guarantees, whether express or implied that the content is accurate, complete or up-to-date.
12.3 All implied conditions, warranties and terms are excluded from this agreement.
12.4 Our website and services are provided “as is”. We make no representation or warranty that the Service will be:
12.4.1 useful to you;
12.4.2 of satisfactory quality;
12.4.3 Fit for a particular purpose; or
12.4.4 Available or accessible, without interruption, or without error.
12.5 Our website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
12.6 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our website.
12.7 We accept no responsibility for:
12.7.1 Malfunction in any hardware provided by you;
12.7.2 Malfunction in any software provided by you;
12.7.3 Any firewall provision not specified in the services; or
12.7.4 Delivery of material or privacy of any transmission.
1 2.8 You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us.
12.9 We shall not be liable to you for any loss or expense which is:
12.9.1 Indirect or consequential loss; or
12.9.2 Economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
12.10 This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
12.11 Nothing in this agreement excludes liability for a Party's fraud.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
13.1 Your failure to comply with the law of any country;
13.2 Your breach of this agreement;
13.3 Any act, neglect or default by any agent, employee, licensee or customer of yours;
13.4 A contractual claim arising from your use of the services;
13.5 Any content you post to our website;
13.6 Any data you send or upload to our website for storage or any other purpose;
13.7 A breach of our Intellectual Property rights or the Intellectual Property rights of any other person;
13.8 Your failure to conform to any relevant Internet protocol;
13.9 The posting by any third party with or without your knowledge of any material on your website;
13.10 Any action taken or omitted by any third party in relation to your website;
13.11 Any use of your website for a purpose forbidden by this agreement;
For the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at € 150.00 per hour without further proof.
14.1 On registration on our website, you undertake to provide to us your current postal address, e-mail address and telephone number together with all information that we may require to enable us to fulfil our obligations under this contract.
14.2 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14.3 If you are in breach of any term of this agreement, we may:
14.3.1 Publish all text and content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
14.3.2 Terminate your account and refuse access to our website;
14.3.3 Remove or edit content, or cancel any order at our discretion; or
14.3.4 Issue a claim in any court.
14.4 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
14.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
14.6 You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
14.7 This agreement does not give any right to any third party, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies.
14.8 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
14.9 The validity, construction and performance of this agreement shall be governed by the laws of the Republic of Ireland.
15.1 We will comply with our obligations under all relevant data protection legislation in relation to the personal data we hold about you. For more information in relation to how we hold, process and disclose your information please see our Privacy Policy, or contact us directly for further details.
15.2 We will not use, or allow anyone else to use, your personal data except as you direct or otherwise permit. We will use your data only in order to provide related services to you and only as permitted by applicable law, this Agreement, and our Privacy Policy.
15.3 You understand and agree that Data Sciences Consulting owns and has the right to collect, extract, aggregate, compile, synthesise, and analyse performance data and reports arising from your usage of all the apps and services on your account. Data Sciences Consulting may use such aggregated data for any lawful business purpose, such as to develop and sell benchmarking services for monetary return, without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymised form so that it cannot be identifiable as relating to you, your company, or any users on your account. "Aggregated Data" means all de-identified performance data, usage statistics and other metrics arising from your usage of all the apps and related products on your account. This data will also be retained by Data Sciences Consulting for analytical purposes in the event of your non-renewal of your subscription and subsequent deletion of all personal and company data.
DISCLAIMER/NO WARRANTY
OUR SERVICE IS PROVIDED ON A “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. IN NO EVENT SHALL OUR SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS DISRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS; ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ; ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THERIN; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY CUSTOMER OR OTHER THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE. AS A PROVIDER OF ONLINE SERVICES, WE ARE NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, BLOG, OR OTHER INTERACTIVE AREA. EVEN IF WE HAVE BEEN ADVISED ABOUT THE POSSIBILTY OF SUCH DAMAGES, BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS WILL BE ACCURATE AND COMPLETE.
WE MAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME WITHOUT NOTICE. WE MAKE NO COMMENT TO UPDATE THE MATERIALS. NO ORAL ADVISCE OR WRITTEN INFORMATION GIVEN BY US, ITS EMPLOYEES, LICENSORS, OR THE LIKE, WILL CREATE A WARRENTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
We are not responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the internet, or through any of our services or combination thereof, including any injury or damage to customer or to any person’s computer related to or resulting from participation or downloading materials ( for the purpose of viewing only), in connection with our services governing law.
These terms shall be governed by the law of Ireland. Any action or other judicial proceeding for the enforcement of this agreement or any of its provisions shall be instituted in the courts of the competent jurisdiction of Ireland.
Data Sciences Consulting reserves the right to change these Terms and condition as it deems and it is up to each person using the site to be aware of the changes made.