Terms and Conditions
Welcome to DataWise Solutions! These terms and conditions outline the rules and regulations for the use of DataWise Solutions' website and services, located at https://datawisesolutions.com. By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use DataWise Solutions' website if you do not accept all of the terms and conditions stated on this page.
1. Definitions
In these Terms and Conditions:
- "DataWise Solutions," "we," "us," or "our" refers to DataWise Solutions, a data management and analytics company based in Toronto, Ontario.
- "Website" refers to https://datawisesolutions.com.
- "User," "you," or "your" refers to any individual accessing or using the Website.
- "Services" refers to the data management and analytics services offered by DataWise Solutions.
- "Content" refers to any text, graphics, images, audio, video, software, data compilations, and other form of information capable of being stored in a computer that appears on or forms part of this Website.
2. Intellectual Property Rights
Unless otherwise stated, DataWise Solutions and/or its licensors own the intellectual property rights for all material on DataWise Solutions. All intellectual property rights are reserved. You may view and/or print pages from https://datawisesolutions.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from https://datawisesolutions.com
- Sell, rent, or sub-license material from https://datawisesolutions.com
- Reproduce, duplicate, or copy material from https://datawisesolutions.com
- Redistribute content from DataWise Solutions (unless content is specifically made for redistribution).
3. Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to this website without DataWise Solutions' express written consent.
4. User Content
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.
You grant to DataWise Solutions a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to DataWise Solutions the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or DataWise Solutions or a third party (in each case under any applicable law).
DataWise Solutions reserves the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.
5. Limitations of Liability
DataWise Solutions will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special, or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if DataWise Solutions has been expressly advised of the potential loss.
6. Data Analytics Service Agreement
Specific terms and conditions apply to our data analytics services, which will be outlined in a separate service agreement. This agreement will cover details such as project scope, deliverables, timelines, payment terms, confidentiality, and data security.
For example, if DataWise Solutions is managing a large marketing analytics project for Maple Leaf Foods in Toronto, the service agreement would explicitly define the data sources, key performance indicators (KPIs), and reporting frequency agreed upon. Further details would cover compliance with Canadian privacy regulations (PIPEDA) in processing customer data.
7. Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit DataWise Solutions' liability in respect of any:
- death or personal injury caused by DataWise Solutions' negligence;
- fraud or fraudulent misrepresentation on the part of DataWise Solutions; or
- matter which it would be illegal or unlawful for DataWise Solutions to exclude or limit, or to attempt or purport to exclude or limit, its liability.
8. Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
9. Other Parties
You accept that, as a limited liability entity, DataWise Solutions has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against DataWise Solutions' officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect DataWise Solutions' officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as DataWise Solutions.
10. Indemnity
You hereby indemnify DataWise Solutions and undertake to keep DataWise Solutions indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by DataWise Solutions to a third party in settlement of a claim or dispute on the advice of DataWise Solutions' legal advisors) incurred or suffered by DataWise Solutions arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
11. Breaches of these Terms and Conditions
Without prejudice to DataWise Solutions' other rights under these terms and conditions, if you breach these terms and conditions in any way, DataWise Solutions may take such action as DataWise Solutions deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
12. Variation
DataWise Solutions may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
13. Assignment
DataWise Solutions may transfer, sub-contract, or otherwise deal with DataWise Solutions' rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.
14. Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15. Entire Agreement
These terms and conditions, together with DataWise Solutions' Privacy Policy and Cookies Policy, constitute the entire agreement between you and DataWise Solutions in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
16. Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Toronto, Ontario.
17. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
DataWise Solutions
123 Yonge Street, Suite 400
Toronto, ON M5C 1W4
Canada
Email: legal@datawisesolutions.com
Phone: (416) 555-3282