WELCOME TO Dass Analytics.COM: Thank you for visiting www.Dass Analytics.com (the Site). The Site is owned by Dass Analytics Inc. trading as Dass Analytics.com (us, we, or Dass Analytics).
THESE TERMS AND CONDITIONS: These terms and conditions (together with any documents referred to in them and any additional terms on the Site) (Terms and Conditions) set out the basis on which we operate our Site. Incorporated into these Terms and Conditions by reference are any additional terms that we may agree with you in writing and all other terms, conditions and notices which we may notify you of and/or publish on the Site from time to time relating to particular elements of the Site.
Please read these Terms and Conditions carefully before using our Site. By using our Site, you are agreeing to be legally bound by these Terms and Conditions and are committing fully and unconditionally to the obligations set out herein. You should print a copy of these Terms and Conditions for future reference.
Please also note that these Terms and Conditions shall form a binding contract between you and us.
CHANGES TO THESE TERMS: We may change these Terms and Conditions at any time by publishing changes on our Site, which changes shall take legal effect immediately on publication. PLEASE NOTE THAT THESE TERMS AND CONDITIONS AND OUR SITE COULD INCLUDE TECHNICAL OR OTHER DEFECTS OR TYPOGRAPHICAL ERRORS AND WE SHALL BE ENTITLED TO AMEND SUCH ERRORS AT ANY TIME WITHOUT NOTICE. If you do not agree to our Terms and Conditions or any changes to them, you must immediately stop all use of our Site. This is your sole remedy.
INFORMATION ABOUT Dass Analytics.com and OUR SITE: Dass Analytics Inc. (t/a Dass Analytics.com) is a private limited company incorporated in Canada with our registered office at 2400 - 1500 West Georgia St. Vancouver BC V6E 3P3. Our contact details are published on the Site.
Dass Analytics.com is an online search insight tool. Our Site incorporates elements delivered by third parties. We shall be entitled to restrict and/or charge for use of our Site according to certain usage levels as explained on the Site. Further details are set out on the Site and in these Terms and Conditions.
AVAILABILITY: The Site may develop and change over time. We, and (as applicable) our Third Party API Providers, may amend, update, add to, replace or withdraw elements of our Site at any time at our sole discretion. While we try to ensure that our Site is normally available 24 hours a day, we shall not be liable if for any reason our Site is unavailable at any time or for any period. You understand and agree that temporary interruptions of the Site may occur and that access to our Site may be dependent on your and third party equipment, software and communications networks, which are entirely beyond our control.
Paid Plan SUBSCRIPTION: Paid Plan is our simple paid plan which gives subscribers unlimited searches on the Site on a rolling [monthly] subscription (Paid Plan). The Site sets out our charging structure, service levels and any other specific terms applicable for our Paid Plan. If you subscribe to the Paid Plan, you are agreeing to pay the published charges for your subscription period. Your use of your Paid Plan may not commence until we are in receipt of cleared funds. We shall be entitled to suspend or cancel your Paid Plan without further liability in the event of late payment.
Your Paid Plan is for the set subscription period stated on the Site. On expiry of your subscription period, you will automatically be charged for a further subscription period at the prevailing rate unless you follow the online cancellation procedure before the new subscription starts.
We may make changes to our charges at any time in our sole discretion for any Paid Plan subscription periods which have not already been paid for by such point.
RESTRICTIONS: Each Paid Plan login is for a single, named individual and is non-transferrable and you may not share your logins. You can share the search results within your organisation. In the event that we find out that logins have been shared, we shall be entitled to levy additional charges for the usage that has been made via the shared access to the Site, to suspend or terminate your Paid Plan subscription at our sole discretion.
By purchasing a Paid Plan you warrant that you are entitled to do so and that all of the payment information you provide is 100% accurate. You shall be responsible for all applicable taxes and duties applicable to your purchase in your location. By making any purchase via our Site, you also warrant that (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old; and (c) you are making your purchase in the course of a business and not as a consumer.
We reserve the right to reject or cancel any Paid Plan subscription at any time for any reason by refunding your payment for any unused part of your subscription period as your sole remedy. Please note that rejection or cancellation for specific cause (e.g. breach of these Terms and Conditions) will not give rise to a refund. If you decide to cancel your Paid Plan, you may do so at any time by following the online cancellation procedure but no refund will be payable to you.
REFERRAL PROGRAMME: From time to time we may make a voluntary referral programme available to our subscribers. If we invite you to participate, we will give you a unique promotional code via email or it will be made visible in your account, which you can share freely with your friends, colleagues or associates. If a new customer purchases a Paid Plan using your code at sign-up then, subject to the conditions below, we will give them a % off their first month’s subscription fee and you will earn a % off your next month’s subscription fee. The % discounts applicable will be defined in your offer invite. The following conditions apply the customers you refer must be new to Dass Analytics, rather than returning customers.
Discounts are calculated on a monthly basis from the day in the month that your subscription payment is taken to the same day of the following month. You will earn your discounts on the day that each eligible customer referred by you signs up for Dass Analytics. You must only share your promotional code with people that you know.
Participation in our referral programme does not create any wider relationship or association between us and you must not hold yourself out as having authority to act on our behalf.
Your promotional code will be valid for any defined period stated in the offer invite unless we agree otherwise and will automatically be cancelled on expiry or termination of your Paid Plan subscription to Dass Analytics.
We may refuse to issue a discount code or cancel your discount code and/or our referral programme at any time at our discretion for any reason.
SERVICE LEVELS: We shall use reasonable endeavours to make the Site reasonably available but time shall not be of the essence in respect to any stated response or remedy times and availability of the Site and is not warranted in any respect.
We are also dependent on third parties to support certain functionality within the Site. No warranties or liability is accepted for the performance of or availability of such third party functionality.
The Site is hosted by us for your convenience. We are not a hosting service provider and are reliant on hosting services purchased by us on the open market. Our choice of hosting service provider is at our sole discretion although we shall aim to select a provider with appropriate expertise and service levels to ensure a reasonable hosting environment for the Site.
INTELLECTUAL PROPERTY AND USAGE LICENCE: The Site comprises and contains valuable intellectual property belonging to us and/or our licensors and is protected by copyright, design right, trade mark, patents or other intellectual property rights which shall remain with Dass Analytics and/or its licensors. You shall not utilise such intellectual property except as is expressly permitted in these Terms and Conditions. Dass Analytics is our trade mark and may not be used in the course of trade without our prior written authorisation.
For the purposes of general use of our Site without subscribing to a Paid Plan, we allow you to store on your computer, or print out extracts from, the pages of our Site provided it is for your use only. Any other reproduction, adaptation, distribution or storage, in whole or in part, is prohibited unless with our prior written authorisation.
When you subscribe to our Paid Plan you shall be granted a limited, non-exclusive, non-transferrable, revocable, worldwide licence to use our intellectual property rights in the Site solely for normal use of the Site in the context of your business in accordance with these Terms and Conditions for the duration of your subscription. You agree not to use, access, sell, resell, license, duplicate, copy or use any portion of this Site for any other commercial purposes.
In order to enable us to provide the Site to you and to monitor how the Site is used for our own learning and development purposes, you hereby grant to us a non-exclusive, royalty-free, worldwide licence to use the searches that you input into our Site as is reasonable and appropriate in the provision and development of the Site.
THIRD PARTY INTELLECTUAL PROPERTY:
THIRD PARTY COPYRIGHT MATERIALS: The Site facilitates the aggregation, display, storage and other uses of third party proprietary materials. You shall take sole responsibility for your proper and lawful usage of these materials in compliance with these Terms and Conditions.
THIRD PARTY TRADE MARKS: Where we refer to third party trade marks (such as Google™ for example) we do so in an editorial context only and any such use shall not be construed as indicating any trade association between Dass Analytics.com and such third parties. You shall not make any unauthorised use of third party trade marks without their express permission.
GENERAL SITE USAGE GUIDELINES: We require all users of our Site to behave lawfully, politely and respectfully towards each other and third parties in any connection with the Site and at all times in accordance with the guidelines below (Site Usage Guideline). Your licence to use our Site is conditional on your strict compliance with our Site Usage Guidelines. We may suspend or cancel your use of the Site at any time and delete your Paid Plan subscription if we consider you to have contravened these Site Usage Guidelines or to be otherwise undesirable in our sole judgment. We shall also be free to report any abuse of these Site Usage Guidelines to any relevant authority or third party in our discretion and cooperate with any relevant investigation.
The Site Usage Guidelines require that you use the Site as follows:
In strict accordance with all applicable laws and regulations both under Canadian law and in your own specific location, if different
In your own personal or business name and not under any false name or in any manner which seeks to impersonate any other person or entity including us or our staff
Not to act in a manner which we or others might consider offensive, abusive, victimising, aggressive, intimidating, harassing or threatening
Not to post or communicate any offensive, shocking or insulting material or comments via the Site
Not to act in a way to give rise to any tortious or other civil liability or otherwise be actionable at law
Not to invade the privacy or confidentiality rights of others
Not to act in a discriminatory, harmful or degrading basis including but not limited to religion, gender, sexual orientation, race, ethnicity, age, or disability
Not to infringe any third party intellectual property rights including but not limited to patents, trade marks, confidential information, copyright, passing off, or other proprietary right of any party
Not to remove, alter or obscure any proprietary rights notices within the Site
Not to reverse engineer, decompile, disassemble, or in any way attempt to derive the source code for the Site
Not to use the Site for the purposes of any unauthorised or unsolicited advertising, spam or bulk mail, cookie tracking, ad exchanges, data brokerages or similar activities in violation of any applicable law
Not to use or introduce software viruses or any other computer code, files, or programs that may damage or interfere with any software, hardware, or telecommunications equipment or to damage, hack or obtain unauthorised access to any third party systems or databases
In accordance with any other requirements we may add or change in respect of these Site Usage Guidelines.
We withhold the right to restrict or stop free use of our Site at our discretion if we feel that companies are unfairly taking advantage of our service. e.g switching to use different emails to search restrictions.
COMPLAINTS PROCEDURE: We do not warrant or represent that users of our Site will not breach our Site Usage Guidelines or that our Site do not in themselves conflict with such Site Usage Guidelines, but we will respond to complaints in this regard promptly and diligently. If you become aware of or suspect any alleged problem, please follow the procedure set out below (Complaints Procedure) by providing written notification to support@Dass Analytics.comor by post to Dass Analytics, 750 B Street, Suite 1400, San Diego, CA 89178 as follows and we will respond appropriately:
Identify the behaviour or content on our Site that you consider to breach our Site Usage Guidelines
State why you consider this behaviour or content to be objectionable;
Identify any intellectual property rights that you consider to have been infringed (where applicable);
Provide details of the owner and/or licensee of such rights (where applicable);
Provide your name and contact details and your relationship to the subject of the complaint or intellectual property rights owner;
Give details of any other information that we you consider will assist us in understanding, investigating and dealing with this matter;
Provide a written statement of truth in the following terms “I, [individual’s name], hereby confirm that the information provided in this complaint notification is true to the best of my knowledge and belief”.
SITE SECURITY: When you are allocated a username or secure access details for your Paid Plan, it shall be your sole responsibility to maintain of all such access details. You may not share your login or allow anyone else to log in to our Site using your details and you shall be solely responsible for any act or omission under access to our Site via your login details. We may immediately suspend or terminate your use and access to the Site if we know or suspect that there has been any breach in security.
It shall be your sole responsibility to use the Site strictly in accordance with prevailing data protection law and regulation. It is your sole responsibility to audit the implications of your use of the Site for data protection purposes.
DEALINGS WITH THIRD PARTIES:
LINKS TO THIRD PARTY SITES: Links to other sites from this Site are for information and convenience only. We do not control, monitor or verify such third party sites or information on them and, accordingly we accept no responsibility or liability arising from your access to any third party site which is linked from or referred to on this Site. The inclusion of such a link or reference does not imply any endorsement of, or association with, the third party or their site, express or implied.
THIRD PARTY DATA: The third party data aggregated through the Site is not within our control and we can give no warranty as to the integrity or usefulness of such data. It may also be subject to third party usage terms. These may include the requirement to name the third party source or to post copyright or proprietary notices. You may not remove any such notices from third party data without consent.
DEALINGS WITH THIRD PARTIES THROUGH THE SITE: Through your use of the Site, you may also be able to engage and transact with other users and businesses. Any such dealings with third parties are solely between you and such third party. ANY DEALINGS YOU HAVE WITH THIRD PARTIES THROUGH THIS SITE ARE SOLELY AT YOUR OWN RISK. WE GIVE NO WARRANTIES IN RESPECT OF ANY THIRD PARTY DEALINGS OR THIRD PARTY GOODS AND SERVICES AVAILABLE OR PROMOTED THROUGH THE SITE.
DISCLAIMERS: THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR THE RESULTS OF USING OUR SITE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE IS OF SATISFACTORY QUALITY, WILL BE APPROPRIATE FOR YOU OR FIT FOR ANY PURPOSE, WILL SERVE YOUR REQUIREMENTS, OR THAT THEY WILL BE AVAILABLE, SECURE, ACCURATE OR ERROR-FREE, RELIABLE OR EFFECTIVE.
WHEN AGREEING TO THESE TERMS AND CONDITIONS YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION, UNDERTAKING OR PROMISE GIVEN BY OR US OR ON OUR BEHALF EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. WE SHALL HAVE NO RESPONSIBILITY FOR ANY STATEMENT MADE, WHETHER ORALLY OR IN WRITING, PRIOR TO THE DATE ON WHICH YOU FIRST ENTERED INTO A C ONTRACT WITH US (UNLESS PROVEN TO HAVE BEEN MADE FRAUDULENTLY).
WITHOUT LIMITING THE FOREGOING, WE WILL TAKE REASONABLE CARE TO ENSURE THAT ALL DETAILS AND DESCRIPTIONS APPEARING ON THE SITE ARE ACCURATE AND CORRECT AT THE TIME WHEN THE RELEVANT INFORMATION IS PUBLISHED. WE AIM TO KEEP THE SITE REASONABLY UP TO DATE HOWEVER DESCRIPTIONS ON THIS SITE MAY VARY FROM WHAT IS AVAILABLE AND AS UPDATED FROM TIME TO TIME. NO WARRANTY IS GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION ON THE SITE.
ANY RATINGS OR MEASUREMENTS OR DATA PROVIDED ON THE SITE ARE PROVIDED FOR CONVENIENCE ONLY AS AN AID TO INTERPRETION AND ARE SUBJECTIVE.
THIS SITE IS PROVIDED FROM THE CANADA AND ALTHOUGH IT MAY BE ACCESSIBLE WORLDWIDE THIS DOES NOT IMPLY ANY REPRESENTATION OR WARRANTY THAT THE SITE IS LEGAL OR APPROPRIATE FOR USE IN OTHER COUNTRIES.
LIMITATION OF LIABILITY: IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION ANY LOSS (DIRECT OR INDIRECT) OF DATA, BUSINESS, REVENUE OR PROFITS, DAMAGE TO REPUTATON, LOSS OF ANTICIPATED SAVINGS, LOSS OF CONTRACTS, LOSS OF ENJOYMENT, WASTE OF MANAGEMENT OR OFFICE TIME, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE ARISING.
OUR ENTIRE LIABILITY TO YOU SHALL BE LIMITED TO THE SUMS PAID BY YOU TO US FOR VIA THE SITE DURING THE SIX MONTH PERIOD PRIOR TO ANY CLAIM NOTIFIED BY YOU TO US. ALL COMPLAINTS, DISPUTES AND CLAIMS MUST BE NOTIFIED TO US WITHIN 1 MONTH OF ANY ALLEGED LIABILITY ARISING, AFTER WHICH TIME ALL LIABILITY SHALL BE DEEMED TO HAVE EXPIRED.
Nothing in these Terms and Conditions shall limit our liability in any way for death or personal injury, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal to exclude, or attempt to exclude, our liability.
INDEMNITY: In addition to and without limiting your liability under these Terms and Conditions, you hereby agree to defend, indemnify and hold us harmless for all liabilities, claims, and expenses, including legal fees and costs that arise from any breach of these Terms and Conditions by you. Without limiting this indemnity, we may opt to take over conduct of our own defence of any claim or liability, in which event you will cooperate with us fully in any legal dispute or proceedings.
DURATION AND TERMINATION: These Terms and Conditions shall come into effect on the date on which you first visit our Site and shall continue in force for as long as you continue to visit our Site or subscribe to our Paid Plan, save where any obligations are stated to survive termination or expiry of these Terms and Conditions.
Your subscription to our Paid Plan shall expire at the end of your current subscription period if either (a) you have opted to cancel it or (b) you do not pay to renew it.
We may without liability terminate or suspend your use of the Site at the end of their current paid subscription period with or without notice and for any reason.
In addition, we may without any liability to you terminate or suspend your Paid Plan at any time with immediate effect on notice to you in the event that you have breached any material provision of these Terms and Conditions.
On expiry, termination or suspension for any reason your right to use Paid Plan features shall immediately terminate, and you acknowledge and agree that we may immediately deactivate or delete any of your user generated content hosted via the Site.
GENERAL LEGAL: TRANSFER OF RIGHTS AND OBLIGATIONS: The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the benefit or burden under these Terms and Conditions without our prior written consent. Dass Analytics may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions at any time by posting a notice to this effect on the Site.
EVENTS OUTSIDE OUR CONTROL: Dass Analytics will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government. Our performance under these Terms and Conditions will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
NO WAIVER: If we fail, at any time to insist upon strict performance of any of your obligations these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
SEVERABILITY: If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, the problematic term, condition or provision will to that extent be deemed severed from the remaining Terms and Conditions, which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT: These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. Any attempt by you to amend, replace or supplement these Terms and Conditions shall be null and void unless we have agreed to such changes in a written agreement validly signed by Dass Analytics.
LAW AND JURISDICTION: Your use of our Site shall be governed by English law. Any dispute between us shall be subject to the exclusive jurisdiction of the courts of Canada.
LAST UPDATED: November 17, 2022
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