Terms and conditions

  1. Home
  2. Terms and conditions

LAST UPDATED ON: February 11, 2020

APPLICATION OF TERMS

These Terms apply to your use of the Website. By accessing and using the Website:

  • you agree to these Terms; and
  • where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

CHANGES

We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

DEFINITIONS

In these Terms:
  • including and similar words do not imply any limit
  • Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
  • personal information means information about an identifiable, living person
  • Terms means these terms and conditions titled Website Terms of Use
  • Underlying System means any network, system, software, data or material that underlies or is connected to the Website
  • User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
  • We, us or our means DataGenius Technologies LLC (DataGenius).
  • Website means www.DataGeniusTech.com.
  • You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

YOUR OBLIGATIONS

You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

If you are given a User ID, you must keep your User ID secure and:

  • not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
  • immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to mv@DataGeniusTech.com.
You must:
  • not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time-bomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
  • unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
  • You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to mv@DataGeniusTech.com.
  • You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

DISCLAIMERS

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

  • the Website being unavailable (in whole or in part) or performing slowly;
  • any error in, or omission from, any information made available through the Website;
  • any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
  • any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
  • We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

LIABILITY

To the maximum extent permitted by law:

  • you access and use the Website at your own risk; and
  • we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
  • Except to the extent permitted by applicable law, nothing in these Terms has the effect of contracting out of applicable consumer guarantees as per established law. or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to US $10.00.
  • To the maximum extent permitted by law and only to the extent above clauses of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed US $10.00.

Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:

  • to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
  • in relation to the proposed purchase or acquisition of our business or assets; or
  • where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
  • Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located in or outside USA. This may involve the transfer of your personal information to countries which have less legal protection for personal information than USA.
  • You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at mv@DataGeniusTech.com.

SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

GENERAL

THE SITE OR APPS DO NOT PROVIDE MEDICAL ADVICE

This site or apps do not provide medical advice. Any and all information available through the website and any apps is for informational purposes only. None of the content is intended or suited for a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition and/or food choices.

If you think you may have a medical emergency call your doctor or emergency services immediately. DataGenius does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site and/or app(s). Reliance on any information provided by DataGenius and its partners, DataGenius employees, others appearing on the Site at the invitation of DataGenius, or other visitors to the Site is solely at your own risk.