(as of 1st September, 2011)
"Applications" mean individual products and services deployed on the DataShaka platform
"Platform" means the underlying infrastructure that hosts separate Applications
"Data" means information and data about users or usage of the datashaka.com service;
"Free Trial" means Your limited right to use the Services for free, from the date of Your registration and for thirty (30) days thereafter;
"Intellectual Property Rights" means any copyright, database right, design right, trade mark, service mark, patent, rights in invention, domain name, confidential information, know-how, business name, trade name, get-up, trade dress, right to sue for passing off or for unfair competition, and any other intellectual property rights whether applied for, registered or unregistered and all extensions, renewals and revivals thereof and existing anywhere in the world;
"Website" means Websites at http://www.datashaka.com and any other associated datashaka.com domains; and
"GroupSpace" means a single service with a defined set of subscription terms and limited group of Users who are authorised to access the service.
1.2.1 Any reference to a "person" includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others;
1.2.2 References to any legislation, statute or statutory provisions includes a reference to those provisions as amended or re-enacted or as their application is modified by other provisions from time to time and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision;
1.2.3 Any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and
1.2.4 References to the singular include the plural and in each case vice versa.
3.4 The Website and Services provided by Us to You, any copies thereof made by You are and shall remain Our exclusive property.
Use any part of the Services to upload post, email or transmit viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other software, files or programs that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or network equipment;
Use any part of the Services to create a false identity, to impersonate any person or organisation, or attempt to disguise the origin of any Content; or
Use the Services, Website or any part thereof to infringe any Intellectual Property Rights of any third party
4.1 We reserve the right to effect modifications to the design, operational method, technical specifications, systems, and other functions of the Services, at any time without prior notice.
4.2 The Services are normally available over the Internet on a 24×7 basis. We shall be entitled to take measures that affect the aforementioned accessibility where We deem such measures to be necessary for technical, maintenance, operational, or security reasons. You acknowledge that Your access to the Internet cannot be guaranteed and that We shall not be liable for deficiencies in Your own Internet connections or equipment.
4.4 The Services may contain links to third party websites or software that are not owned or controlled by Us. We will not and cannot censor or edit or control the content of any third party site. We are not liable for any losses incurred by You during the use of any third party websites or software.
5.1 You shall comply with the security and administrative regulations as notified by Us in conjunction with registration, by email or in any other manner from time to time.
5.2 You undertake, in conjunction with registration, to provide correct information regarding Your identity and a correct and legitimate email address.
5.3 You shall be responsible for the activities conducted through Your use of the Services and shall ensure compliance with national laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by You shall be Your sole responsibility.
5.4 You are responsible for monitoring Your GroupSpaces and shall be liable to Us for ensuring that Content transferred to or handled within the Services which is processed by You and/or individuals invited by You to do so does not: (i) infringe any third party rights; (ii) violate any applicable law or regulation; (iii) harm the reputation of a third party; (iv) constitute a dissemination of a business secret or confidential information; (v) incite a third party to commit or participate in a crime; (vi) constitute a threat, abuse or harassment, and that You possess such necessary licences from third parties as may be required in order to process the Content and use the Services. You hereby INDEMNIFY Us and keep Us INDEMNIFIED against any and all claims, damages, loss, expenses, costs and disbursements suffered by Us as a result of a breach by You (or one of Your personnel) of this clause 5.
5.5 You are not permitted use the Services in order to gain material in violation of law, regulation or material which in any manner contravenes generally accepted practices.
5.6 You shall not attempt to obtain or compile Data about other user's usage of the Services, invade the privacy of others, misuse the personal data of others, or otherwise incite a person, persons or
body corporate to carry out such acts and You shall not make available libellous, defamatory, abusive, derogatory, inflammatory or obscene Content.
5.8 You agree not to use or launch any automated system, including "robots", "spiders" or "offline readers" that access the Services in a manner that sends more request messages to Our servers in a given period of time than a single human can reasonably produce in the same period by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, including names, from the Services and not to use the Services to contact users other than those in your workspace and who are personally known to you.
5.9 In relation to individual users, You agree that in using the Services You will provide a specific named email address for your account that is Your personal, business or company address and is not an email address shared or associated with multiple users or group of people. You agree that only You will access Your account using this email address and that You shall not provide your personal login details to any other person. You agree to only register one email address on the Website and not to have multiple email addresses or accounts registered at any one time.
6.2 In the event that You notify Us in accordance with clause 6.1 above, You shall co-operate fully with Us by providing Us with all information that is reasonably requested by Us from You.
7.1 We are the owner of the licensee of all intellectual property rights in relation to the Platform, Services and Applications (unless specifically indicated otherwise). Under no circumstances shall You or a third party acquire any Intellectual Property Rights to the Services. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.3 We are able to retain a copy of anonymised data should we desire and are free to use for our own commercial purpose should we desire. At no point will this data be specifically labelled to indicate source company or organisation.
7.4 It is your responsibility to remove your Content from the Platform should you desire to terminate your account.
8.1 We warrant that We shall use reasonable endeavours to ensure that the Services We provide accord with the description of such Services set out on the Website.
8.2 Subject to clause 8.1, the Services, Data and the Website are provided to You "as is" and "as available" and could contain defects, faults, mistakes and other deficiencies. We do not guarantee or warrant that the Service and/or the Website will be uninterrupted, error-free or will operate at any particular speed or frequency.
8.4 We neither endorse nor are We responsible for the accuracy, reliability or veracity of any opinion, advice, or statement provided by another user and We are further not responsible and nor shall You deem Us to be responsible for any defamatory, obscene, abusive, racist, sexist, or other derogatory Content even where such Content is in breach of any rule imposed by Us. We shall not be liable for any loss suffered by You in reliance on any statement, opinion or advice received from the Service and it is entirely incumbent on You to verify the accuracy of such opinion, advice or statement offered or other Content through the Service prior to Your reliance upon it. Wherever possible You ought to obtain the advice of a recognised professional in the relevant field in which the opinion, advice or statement is offered.
11.1 In the event that You are accessing the services through a Free Trial, if you do not wish to purchase the Services from Us, you need take no action.
11.2 Should you be a monthly subscription customer you must serve notice of intention to cancel of a minimum 30 days. Your account will be terminated at the end of the next full billing cycle.
11.3 Annual subscribers must serve notice to cancel of a minimum 30 days. Your account will be terminated at the end of the full 12 month billing period.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services.
15.2 Any costs arising from such delay shall be borne by the party incurring the same.