data-delivery.com Terms of Use
These Terms of Use (“Terms”) are an agreement between data-delivery.io (“data-delivery.com“, “we,” “us”, etc.) and you and govern your use of the Site (as hereinafter defined) and all information on or submitted through it. data-delivery.com is the trading name of JFC DIGITAL VENTURES UG.
You understand that your use of this site, registration on the site, online portal, electronic forms, surveys and interactive exhibits related to this site (collectively the “Site”), constitutes your agreement to these Terms.
Do not use the Site if you do not agree to the Terms or if your jurisdiction will not honor them.
References to “you” can mean both the “user” individually or, where stated, the “purchaser” of the subscription in question. You hereby represent that after reading and understanding these Terms, you agree to these Terms. Persons under 18 years of age are not authorized to use the Site.
1. Restriction on Use of Content; Export Controls
The Site may contain a variety of information, including (without limitation) information, data, text, software, photographs, graphics, video, messages or other materials (collectively, “Content”). Also, you may upload, post or otherwise provide Content in connection with the Site (“Your Content”).
Much of the Content on the Site is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. However, we also may have Content that if so designated may be downloaded by you pursuant to these Terms (“Available Content”).
You may review, download, copy, distribute and use the available content in connection with the purpose of this site only. You may not sell any of available content or otherwise distribute it for a fee unless in connection with the purpose of this site. You will not use or disclose it or the site to any third parties except as expressly permitted by these terms.
You may not use or export anything (including information) from the Site in violation of any applicable export laws, regulations or the Terms. You acknowledge and confirm that you are not: (a) a resident in a country or territory that is the target or comprehensive international economic or trade sanctions (such as both not limited to Lebanon, Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine), (b) identified on a list of prohibited or restricted persons, for example as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons, or (c) otherwise the target of U.S., UK, EU or other significant international sanctions.
2. Subscription purchase
For those purchasing a subscription, data-delivery.com offer four subscriptions. These terms and conditions cover three offers – Free, Basic, and Premium. By purchasing one of these subscriptions, you are agreeing to accept only the features and functionalities available under these subscription plans as detailed on the pricing page of our website ( https://www.data-delivery.io/pricing).
Subscriptions are purchased on a 12-month commitment and can be paid monthly or annually (with a discount). All plans come with unlimited data deliveries and unlimited members. Plan differences are summarised below.
Plan 1 – Free- 3 delivery agreements (any status)
- Maximum file size of 100MB
- Total file storage of 100MB
- 20 delivery agreements (any status)
- Maximum file size of 100MB
- Total file storage of 5GB
- 100 Data Delivery Agreements
- Maximum file size of 5GB
- Total file storage of 500GB
Plans can be increased on a pro-rata basis but not decreased. All plan reductions can only be activated from the annual renewal point. You are required to contact data-delivery.com directly if you wish to amend your subscription plan through email to: [email protected].
3. Registration and Creating Profiles etc.; Attribution of Electronics Acts to You
For some areas of the Site, you may have to complete a registration process or create a profile for access and use. The process involves the creation of an account with a username and password or other identifier, you agree to guard them as confidential information. If you are careless with it, others may be able to access the information. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or We have reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, We may suspend or terminate your access, application, date or participation of any kind as allowed to us under the law.
You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates, and other third parties with whom we work in order to provide the Site, Content, services or pursue our mission (including but not limited to our and their respective affiliates, officers, employees and agents) (collectively “Third Parties”), as being a use made by you, even if someone else used your identifier.
4. Site Activities and Features
A. User Generated Content – Your Responsibility and License to Others. When you provide Your Content, such as by uploading data, you:
- represent and warrant that Your Content is (a) wholly yours to action or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to the Site and other users for download, distribution and use under these Terms without (i) violation (by you, us, Third Parties, users or anyone else) of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, Third Parties, users or anyone else that you have not conspicuously disclosed in Your Content. As used here, “adverse consequence,” means a restriction governing Your Content which could be triggered if we or others exercise a right under the license you grant below and which imposes an obligation, liability or impairment of rights on us or others that was not conspicuously disclosed by you before exercise of a right. To disclose an adverse action, you agree to conspicuously place on or in Your Content notice that adverse actions can result and that you may be contacted at the email address and telephone number in the notice to obtain your full disclosure of applicable licenses and restrictions applicable to Your Content;
- grant Us, our affiliates, Third Parties sub-licensees and successors and assigns, and each Site user who downloads Your Content under these Terms, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license to (i) use, copy, distribute, modify and create derivative works from Your Content; (ii) publicly perform or display, license and distribute copies of Your Content, modified (Your ) Content and derivative works of Your Content; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determine by data-delivery.io or other licensed person in its sole discretion) to allow Us or other licensed person to fulfill its mission, to further its related operations, and to create, advertise, operate and manage the Site.
We reserve the right to remove Your Content if we believe Your Content violates these Terms or may otherwise create liability for us. In addition to the rights above, you acknowledge and agree that we may keep Your Content for as long as reasonably necessary to fulfil our contractual and legal duties and to also disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of Your Content violates the rights of third parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of data-delivery.com, its users and the public.
You agree not to upload, post or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to: (i) be defamatory, obscene, invasive to another person’s privacy or protected data, or tortious; (ii) be infringing upon anyone’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity; (iii) contain any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and (iv) in violation of any applicable license, law or contractual or fiduciary duty or provision (including by exercise of the rights you grant to data-delivery.com above).
We anticipate that Content will be made available to you and others through the Site or otherwise. Content may be outdated or contain typographical errors, inaccuracies, omissions, or problematic or defective functionality. You agree not to rely on content and to determine all relevant factors on your own, including (without limitation) accuracy, functionality, quality, reliability and other relevant factors.
We reserve the right to monitor and exercise all other rights of ours, and also to modify or remove any Content at any time, but do not undertake any duty to do so.
Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of data-delivery.com.
B. Site Activities.The Site is provided As Is and when available, and we may change all content, functionality and services in our discretion at any time. We may also do this for activities even if you have started a process. For example, we may change the review and approval process for a new data agreement. Also, We or Third Parties might make a mistake and we reserve the right to correct anything on the Site, even if you have already taken action based on it.
5. Privacy Policy
Please refer to our Privacy Policy, which also forms part of these Terms and Conditions. Agreement to thes Terms and Conditions is acknowledgement that you have read and comply with our Privacy Policy. This policy may be updated to reflect the latest laws, advice and information that data-delivery.com is provided with. It is your responsibility to regularly check our privacy notice to ensure it still meets your individual or organisation’s privacy requirements.https://www.data-delivery.io/privacy
6. Our Intellectual Property Rights
The Complete Site (as defined in Section 9 below), excluding Your Content and inclusive of names, logos, trademarks and service marks (collectively, “Marks”), any and all related or underlying technology and any modifications, enhancements or derivative works of the foregoing, are the property of data-delivery.com and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted to you are reserved. You are not authorized to use any of data-delivery.coms Marks without prior written consent from an approved person.
7. Feedback; Your License to Us
We hope that you will provide your Feedback (as defined below) so that we may better support, improve and pursue our mission. However, you agree that you will not supply Feedback that infringes or violates the rights of others, and you hereby grant data-delivery.com a License (as defined below) to your Feedback. You agree that we have no obligation to pay you or anyone else for Feedback or for the License to our Site.
“Feedback” means all remarks, data, suggestions, methods, surveys, reports, processes and ideas (including patentable ideas) and other information that you provide by using the Site or provide about it, any aspect of our mission or operations, whether provided to us or persons working with us or the Feedback, and whether provided through the Site or media such as a chat room, survey, report, grant, software tool, bulletin board or otherwise. As used above, “License to data-delivery.com” means a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to DIIO to exercise all now or later existing intellectual property rights or other rights of yours or others in the Feedback, for purposes of supporting data-delivery.coms site and purposes (as determined by us in our discretion from time to time) in full or in part and in all possible media (now known or later developed). The foregoing rights include (but are not limited to), the right to display, perform, read (on air or otherwise), and publish in public or private sites, newspapers or other media, brochures, reports and so on, all or part of the Feedback and any other information that you provide through or relating to our Site or the Content (excluding Your Content e.g. Data).
8. Indemnification
You agree to indemnify, defend and hold harmless data-delivery.com and Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the Content, use of the Site, any assistance, consultation or services provided by us or Third Parties in relation to the Site, any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defence of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defence of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record.
9. NO WARRANTIES, CONDITIONS OR OTHER DUTIES
The site and all content (regardless of who generates it), site functionality, offerring, assistance, consultation, activities, courses and services provided by the site, US or third parties (collectively, “complete site”) are subject to change and provided by us or third parties “as is” without any warranty or condition, and without the undertaking of any duty, of any kind, either expressed or implied, including, but not limited to, any (if any) warranties or conditions of merchantability and fitness for a particular purpose, and any duty (if any) of workmanlike effort or lack of negligence.
The complete site is provided: (1) with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with you; and (2) without any assurance, or warranty, condition or duty of or regarding: functionality; privacy; security; accuracy; availability; lack of: negligence, interruption, viruses or of other harmful code, components or transmissions; or the nature or consequences of available content such as (without limitation) whether software or other content is subject to any particular license, or whether it is subject to any restrictions or consequences that might be triggered by any exercise of a right granted under these terms. Also, there is no warranty by us or third parties of title or against infringement or interference with enjoyment of any aspect of the complete site.
You agree that you will obtain (including through download) any content entirely at your own risk, and you will be solely responsible for any resulting infringement, breach of contract, consequence or damage, including (without limitation) to your computer system or loss of data. Some jurisdictions do not allow the exclusion of implied warranties or limitations as specified here and, to the least extent as allowed by law, such exclusions and limitations may not apply to you.
10. No incidental, consequential or certain other damages
To the full extent allowed by law, you agree that neither We nor any of the third parties, will be liable to you or anyone else for any special, consequential, incidental or punitive damages, damages for lost profits, for loss of privacy or security, for loss of reputation, for lost opportuinity or lost business, for failure to meet any duty (including without limitation any duty of good faith or lack of negligence or of workmanlike effort), or for any other similar damages whatsoever that arise out of or are related to any aspect of the complete site or to any breach of these terms (including without limitation, the privacy policy), even if we or a third party has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or products liability or misrepresentation.
11. Exclusive remedy; damage limitation
You agree that your exclusive remedy for any breach of these terms (including without limitation, the privacy policy) and for any aggregate damages due to you (or others related to you) by data-delivery.com or any of the third parties for any reason relating to any part of the complete site, will be at our option: (a) substitution, correction or replacement of all or part of the content or service causing your damage (if any); or (b) fifty dollars (us $50).
The damage exclusions and limitations in these terms are independent and will apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability as specified in sections 10 and 11 and, to the least extent as allowed by law, such exclusions and limitations may not apply to you.
12. Linked Sites
Our Site may contain links to websites of third parties. We provide these links as a convenience, but do not endorse the linked site or anything on it. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their privacy notices, statements, or policies (if any). In addition, you are not permitted to link or shortcut to our Site from your website, blog or similar application, without obtaining prior written permission from us.
13. Amendments
You agree that from time to time we may be required or need to amend Terms, including but not limited to the Privacy Policy, and including adding or eliminating all or parts of provisions (“Amendments”). You also understand that data-delivery.com may, at any time initiate features and capabilities on terms that may differ from those contained in these Terms. Amended versions of these Terms will take effect on the date specified for the amended version (“Effective Date”) and will apply to all information that was collected before or after the Effective Date, including information in databases. You have no continuing right to use the Site, and each time you visit you will be subject to the version of the Terms in effect on your visit. Those terms will change from time to time and the changes will be effective when they appear in a replacement version of these Terms as posted by us on the Site. No other Amendments will be valid unless they are in a paper writing signed by us and by you. Each time you return to the Site, you are responsible for checking the effective date of the then posted version of these Terms – if it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using the Site.
Use of the site after the effective date will constitute your consent to the amendments, so if you do not want to be bound by an amended version, do not use the site and cease all use of the content, any services or assistance.
14. Governing Law and Exclusive Jurisdiction
The laws of England and Wales apply to these Terms and Conditions and you consent to the use of the Courts of England and Wales for any legislative actions.
15. Notices
We shall use your contact details that we have in our records, in connection with providing you notices. Our contact details for any notices are detailed below. You acknowledge notices that we provide you, in connection with these Terms and/or as otherwise related to the Site, shall be provided as follows: By posting on the Site, text, e-mail, phone or first class, airmail, or overnight courier. You further acknowledge that an electronic notification satisfies any applicable legal notification requirements, including that such notification will be in writing. Any notice to you will be deemed given upon the earlier of: (i) receipt; or (ii) 24 hours of delivery. Notices to us shall be provided to [email protected].
16. Termination or Cancellation; No Continuing Rights
You have no continuing right to use the Site and we may deny or suspend access, or terminate or cancel these Terms with or without cause and at any time and without prior notice. This is so even if you elect to store documents on the Site, such as a draft of an application, so make your own copies of anything to which you want to ensure access. We may give notice of termination or cancellation in the same way that we may provide other notices. Termination or cancellation will not eliminate the surviving provisions of these Terms (see “Entire Agreement; Miscellaneous”) and you will still be liable for obligations incurred before these Terms or access ended.
17. Entire Agreement; Miscellaneous
These Terms, including the Privacy Policy, amendments and any: (a) notices, terms and items incorporated into any of them; (b) additional terms and conditions contained on the Site for particular activities or Content; and (c) our disclosures and your consents provided on or in connection with the Site or any Content, service or other activity; constitute the entire agreement between you and data-delivery.io regarding the Complete Site or the subject matter of the foregoing (collectively, “Entire Agreement”). If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. The foregoing does not impair the enforceability of additional agreements you enter into. Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. Time is of the essence of the Entire Agreement and there are no third party beneficiaries of it. All terms and our rights under the Privacy Policy will survive termination or cancellation of this Entire Agreement. You may print or make an electronic copy of the Entire Agreement for your official records; to the extent required by law, we hereby instruct you to do so. You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent.
Dated: September 2023