Terms and Conditions
Updated: 8th November, 2023
General Terms
License
Datarsen grants you a limited, revocable, non-exclusive, non-transferable license to download, install, and use the website and app(s) as set forth in this agreement.
These terms and conditions are a contract between you and Datarsen (referred to in these terms and conditions as "Datarsen", "us", "we" or "our"), the provider of the Datarsen website and the products or services accessible from the Datarsen website (which are collectively referred to in these terms and conditions as the "Products", "Datarsen Products", "Services" or "Datarsen Services").
You are agreeing to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the products and/or services promoted and/or sold by Datarsen. In these terms and conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these terms and conditions, we reserve the right to cancel your account or block access to your account without notice.
Definitions and key terms
- Cookie: A small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you, such as your language preference or login information.
- Company: When this policy mentions “company,” “we,” “us,” or “our,” it refers to Datarsen Ltd, No. 13 Ada-George Road, Opposite Bakery Junction, Port Harcourt, Rivers State, Nigeria, which is responsible for your information under these terms and conditions.
- Country: Where Datarsen or the owners/founders of Datarsen are based, in this case, Nigeria.
- Device: Any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit the site by Datarsen and use the products and/or services.
- Product: This refers to the product sold by Datarsen as described in the relative terms (if available) and on this platform.
- Service: This refers to the service provided by Datarsen as described in the relative terms (if available) and on this platform.
- Third-party service: This refers to an advertiser, contest sponsor, promotional partner, or any other third party who provides our content or whose products or services we think may interest you.
- Website: The site by Datarsen, which can be accessed via this URL: https://www.datarsen.com.
- App(s): One or more software products or applications that are integrated with or accessible via Datarsen website.
- You: A person or entity who visits the Datarsen website/app(s) to use products and/or services.
Restrictions
You agree that you will not let others violate these restrictions.
- The website/app(s) may not be licensed, rented, leased, assigned, distributed, transmitted, hosted, outsourced, disclosed, or otherwise commercially exploited, nor may the platform be made available to any third party.
- No part of the website/app(s) may be modified, remade, disassembled, decrypted, reverse-compiled, or reverse-engineered.
- No proprietary notice (including any notice of copyright or trademark) of Datarsen or its affiliates, partners, suppliers, or licensors of the website/app(s) may be removed, altered, or obscured.
Return and Refund Policy
Your Suggestions
Your Consent
We've updated our terms and conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. You agree to our terms and conditions by using our website/app(s), creating an account, or making a purchase.
Links to Other Websites
Cookies
Changes to our Terms and Conditions
Modification to our Website/App(s)
Datarsen reserves the right to modify, suspend, or discontinue the website/app(s) or any product and/or service to which it connects, with or without notice and without liability to you.
Updates to our Website/App(s)
Datarsen may from time to time provide enhancements or improvements to the features or functionality of the website(s), including patches, bug fixes, updates, upgrades, and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the website and/or app(s). You acknowledge that Datarsen is under no obligation to (i) provide any updates or (ii) continue to provide or enable any specific features and/or functionalities of the website/app(s) to you.
You also agree that any updates will be (i) considered an integral part of the website/app(s) and (ii) subject to the terms and conditions of this agreement.
Third-Party Services
We may display, include, or make available third-party content (including data, information, applications, and other products and services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Datarsen is not liable for any third-party services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of those services. Datarsen accepts no liability or responsibility for third-party services and disclaims all liability and responsibility to you or any other person or entity.
Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This agreement will remain in effect until you or Datarsen terminate it.
Datarsen may, in its sole discretion, at any time and for any or no reason, suspend or terminate this agreement with or without prior notice.
This agreement will terminate immediately, without prior notice from Datarsen, in the event that you fail to comply with any provision of this agreement. You can also cancel this agreement by removing the website/app(s) and all copies from your computer.
If this agreement is terminated, you must stop using the website and app(s) and remove all copies from your computer.
Termination of this agreement will not limit any Datarsen rights or remedies at law or in equity in case of breach by you (during the term of this agreement) of any of your obligations under the present agreement.
Copyright Infringement Notice
If you are a copyright owner or the agent of such an owner and believe that any material on our website/app(s) infringes on your copyright, please contact us with the following information:
(a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the allegedly infringing material; (c) your contact information, including your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold harmless Datarsen and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) from any claim or demand, including reasonable attorneys' fees, arising from or related to your: (a) use of the website/app(s); (b) violation of this agreement or any law or regulation; or (c) violation of any third-party right.
No Warranties
The website and app(s) are provided "AS IS" and "AS AVAILABLE," with all faults and defects, and without any warranty of any kind.
To the fullest extent permitted by applicable law, Datarsen expressly disclaims all warranties, express, implied, statutory, or otherwise, with respect to the website/app(s), including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties arising from course of dealing, or course of performance.
Without limitation to the foregoing, Datarsen provides no warranty or undertaking, and makes no representation of any kind that the website/app(s) will meet your requirements, achieve any intended results, be compatible or work with any other software, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected.
Datarsen and its providers, in particular, make no express or implied representations or warranties about: (i) the operation or availability of the website/app(s), or the information, content, materials, or products contained therein; (ii) the website/app(s) being continuous or error-free; or (iii) the accuracy, reliability, or correctness of any information or content provided through the website/app(s).
There is no warranty that devices or servers used are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties on the applicable statutory rights of a user, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Whatever damages you may suffer, Datarsen and any of its suppliers' total liability under any provision of this agreement, and your sole remedy for all of the foregoing, shall be limited to the amount actually paid by you for the website/app(s).
To the maximum extent permitted by applicable law, in no event shall Datarsen or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website/app(s), third-party software and/or third-party hardware used with the website/app(s), or otherwise in connection with any provision of this agreement), even if Datarsen or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of this agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
This agreement, together with the privacy policy and any other legal notices published by Datarsen on the products and/or services, shall constitute the entire agreement between you and Datarsen concerning the products and/or services.
If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.
No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and Datarsen failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision. You and Datarsen agree that any cause of action arising out of or related to the products and/or services must commence within one (1) year after the cause of action accrues. Otherwise, such a cause of action is permanently barred.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
No failure or delay in exercising any right or power granted by this agreement by either party shall be construed as a waiver of that right or power.
Any single or partial exercise of any right or power granted by this agreement does not preclude subsequent exercise of that or any other granted right.
If this agreement and any applicable purchase or other terms conflict, the terms of this agreement will take precedence.
Notice of Amendments to this Agreement
Datarsen reserves the right, at its sole discretion, to modify or replace this agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
You agree to be bound by the revised terms if you continue to access or use our website/app(s) after any revisions become effective. If you do not agree to the new terms, you are no longer authorized to use Datarsen website/app(s).
Entire Agreement
All prior and contemporaneous written or oral agreements between you and Datarsen regarding your use of the website/app(s) are superseded by this agreement.
You may be subject to additional terms and conditions that apply when you use or purchase other products and/or services that Datarsen will provide to you at the time of such use or purchase.
Update to Product and/or Service Terms
We may change our product and/or service respective policies, and we may need to make changes to these terms so that they accurately reflect our product and/or service respective policies. Unless otherwise required by law, we will notify you (for example, through our product and/or service communication channels) before we make changes to these terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the products and/or services, you will be bound by the updated terms. If you do not want to agree to these or any updated terms, you can delete your account.
Intellectual Property
The website/app(s) and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof) are owned by Datarsen, its licensors, or other providers of such material and are protected by Nigerian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Datarsen, unless and except as is expressly provided in these terms and conditions. Any unauthorized use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute relating to claims for injunctive or equitable relief regarding the enforcement or validity of intellectual property rights for you or Datarsen. The term "dispute" means any dispute, action, or other controversy between you and Datarsen concerning the products and/or services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.
Notice of Dispute
In the event of a dispute, you or Datarsen must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute via email to hello@datarsen.com.
Datarsen will send any Notice of Dispute to you by physical mail to your contact address if we have it, or otherwise to your email address. You and Datarsen will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Datarsen may commence arbitration.
Binding Arbitration
If you and Datarsen don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury.
The dispute shall be settled by binding arbitration in accordance with the Nigerian Arbitration and Conciliation Act of 1988 (or otherwise, by the most recent reforms from the Senate Bill of May 10th, 2022 upon future amendment). Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. The non-prevailing party shall bear all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Datarsen without any compensation or credit to you whatsoever.
Datarsen and its affiliates shall have no obligations with respect to such submissions or posts and shall be free to use the ideas contained in such submissions or posts in perpetuity for any purpose in any medium, including, but not limited to, developing, manufacturing, and marketing products and services based on such ideas.
Promotions
Datarsen may, from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information concerning yourself. Please note that all promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible for reading all promotion rules to determine whether or not you are eligible to participate. If you enter any promotion, you agree to abide by and to comply with all promotion rules.
Purchases of products or services on or through promotions may be subject to additional terms and conditions, which are incorporated into this agreement by this reference.
Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to a typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price.
We reserve the right to refuse or cancel any such order, regardless of whether it has been confirmed and your bank account, debit/credit card has been charged. If your bank account, debit card, or other payment account has already been charged for the purchase and your order is canceled, we will immediately credit your bank account, debit card account, or other payment account in the amount of the charge after deducting any bank charges incurred by us.
Miscellaneous
If, for any reason, a court of competent jurisdiction finds any provision or portion of these terms and conditions to be unenforceable, the remainder of these terms and conditions will continue in full force and effect. Any waiver of any provision of these terms and conditions will be effective only if in writing and signed by an authorized representative of Datarsen.
Datarsen will be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you. Datarsen operates and controls products or services from its offices in Nigeria. The products or services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be illegal or unauthorized under applicable law or regulation.
As a result, those who choose to access Datarsen products or services from other locations do so at their own risk and are solely responsible for compliance with local laws, if and to the extent local laws apply. These terms and conditions (which include and incorporate the Datarsen privacy policy) contain the entire understanding, and supersede all prior understandings, between you and Datarsen concerning its subject matter, and cannot be changed or modified by you. The section headings used in this agreement are for convenience only and will not be given any legal import.
Disclaimer
Datarsen is not responsible for any content, code, or any other imprecision.
Datarsen does not provide warranties or guarantees.
Datarsen will not be liable for any special, direct, indirect, consequential, or incidental damages, or any other damages arising out of or in connection with the use of the products or services, or the contents of the products or services, whether in a contract, negligence, or other tort action.
The company reserves the right, at any time and without prior notice, to make additions, deletions, or modifications to the contents of the products or services.
The Datarsen products or services and their contents are provided "AS IS" and "AS AVAILABLE" without any warranty or representations of any kind, whether express or implied. As such, Datarsen is a distributor rather than a publisher of third-party content. As such, Datarsen has no editorial control over such content and makes no warranty or representation as to the accuracy, reliability, or currency of any information, content, product, service, or merchandise provided through or accessible via Datarsen products or services.
Without limiting the foregoing, Datarsen expressly disclaims any and all warranties and representations in any content transmitted on or in connection with the Datarsen products or services, or on sites that may appear as links on the Datarsen products or services, or in products provided as a part of, or otherwise in connection with, the Datarsen products or services, including any warranties of merchantability or fitness for a particular purpose.
Datarsen provides content the company believes adheres to non-infringement of third party rights.
No oral advice or written information given by Datarsen or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Datarsen does not warrant that the Datarsen products or services will be uninterrupted, timely, or error-free.
Contact Us
Don't hesitate to contact us if you have any questions.
- Via Email: hello@datarsen.com
- Via Phone Number: +234 818 985 2508
- Via Email: hello@datarsen.com