The website and iOS app midicall, midicall.datafarmr.com along with any other URL that redirects to or facilitates access to the website/product (“Platform”) is owned and operated by 12154081 Canada Inc., a corporation registered under the laws of Canada registered office at 6129 River Rd, Port Alberni BC V9Y 6Z8, Canada (“datafarmr“, “datacall“, “we”, “us”, “our”) PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM. BY VIEWING, ACCESSING, UPLOADING OR DOWNLOADING ANY INFORMATION TO OR FROM THE PLATFORM, YOU CONFIRM THAT YOU ARE OF AT LEAST 18 YEARS OF AGE AND HAVE THE LEGAL CAPACITY TO ENTER INTO CONTRACTS AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE ADVISED NOT TO CONTINUE USING THE PLATFORM.
DETAILS OF SERVICE OFFERED
a) Any and all services offered and operated by datafarmr through its Platform (hereinafter, collectively, “Service”) is available internationally to all Users (any legal entity that accesses and/or uses the Service) subject to the following Terms and Conditions. The Service is primarily intended to help Data Purchasers (any User that purchases or intends to purchase digital file(s) and/or executable containing data) and Data Sellers (any User that providers or intends to provide digital file(s) and/or executable containing data) (also known as data controllers in service agreement) to share information with a view to build, nurture and expand business relationships and reduce data monopoly by increasing availability. b) As a Platform, datafarmr acts as a third-party to Users doing business with each other and is not involved in any legal relationship between Users potentially resulting from using the Service. All information provided on the datafarmr Platform is maintained and updated in good faith for general informational purposes only. We make no representation as to the completeness or accuracy of any Content (as defined below) in the Platform and nothing therein shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any information on the Platform. We also do not warrant, endorse, guarantee, or assume any kind of responsibility for the accuracy or reliability of any information offered by any third-party website(s) linked through our Platform through any weblink and/or other means of advertising. Except as otherwise expressly required by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use (or inability to use) of the Platform or reliance on any Content and information provided on the Platform. Your use of the Platform and your reliance on any Content therein is solely and completely at your own risk.
REGISTRATION OF USER ACCOUNT
a) Users may create and register an account on our website to access all Services without restriction in accordance with our Privacy Policy. In order to use datafarmr, you must be at least 18 years of age and must complete the registration process. If you are under 18 years of age, you may use datafarmr only with the permission of your parent or guardian. You must not use any other person's account to access datafarmr. You must not allow any other person to use your account to access datafarmr. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use, or suspected unauthorised use of your account or any other breach of security. Please note datafarmr cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Deletion of your account is possible by following the cancellation link available from your account page. We are unable to process any cancellation request received through phone or email. b) Account Deletion: Users may request the deletion of their account by following the cancellation link available on their account page. Please note that account deletion requests received via phone or email will not be processed. Upon receipt of a valid account deletion request, datafarmr will proceed to delete the account and any associated personal information within a reasonable timeframe. Please be aware that once the account is deleted, all data and information associated with the account will be permanently removed and cannot be recovered. Datafarmr shall not be liable for any loss or damage arising from the deletion of an account.
ACCEPTABLE USE OF SERVICE
To safeguard the integrity of the Platform and the interests of our Users, you are required to adhere to the following guidelines:
a) Do not use the Platform in a manner that undermines, disrupts, damages, or manipulates its functionality, performance, availability, or accessibility. b) Refrain from copying, decompiling, reverse engineering, disassembling, attempting to derive the source code of, modifying, or creating derivative works of the Platform, or any updates or any part thereof. c) Avoid using the Platform for unlawful, illegal, fraudulent, or harmful activities, or in connection with any such activities or purposes. d) Do not impersonate any individual or entity, misrepresent any affiliation with another individual, entity, or association, or use false IP addresses or headers to conceal your identity. e) Do not disclose any personal or confidential information belonging to any person or entity without their consent. f) Respect the intellectual and proprietary rights of third parties, including copyrights, trademarks, trade secrets, privacy, and publicity rights.g) You are solely responsible for any personal identification information obtained, collected, or processed through the Platform. Ensure compliance with all relevant laws and regulations regarding the protection and handling of such information. h) Limit the use of data obtained through the Platform to marketing purposes, academic research, and/or other lawful purposes. i) Limit the use of data obtained through the Platform to marketing purposes, academic research, and/or other lawful purposes. h) Do not share the data acquired through the Platform with third parties. The data is strictly for your personal use and may not be distributed or disclosed. j) Be aware that the data collected while subscribed to the Service is non-exclusive and may be accessed by other users. k) Do not use the data obtained from the Platform for malicious, illegal, or harmful purposes, such as unauthorized access, hacking, identity theft, or other forms of cybercrime. l) Upon the expiration or termination of your subscription, you must delete any data obtained through the Platform, unless it was acquired through a one-click purchase. In the latter case, the data may be retained for personal use, but sharing or reselling it is prohibited. m) Ensure compliance with all applicable laws and regulations concerning the handling and protection of personal identification data, and take necessary measures to protect the privacy and security of such data as required by law.
By adhering to these guidelines, you help maintain the integrity and security of the Platform and its community of Users. Any prohibited use of our Service may result in immediate termination of your account.E FEES
SERVICE FEES
a) In exchange of the Service delivered, datafarmr charges a nominal Service Fee, which is non-refundable except when required by law. We accept online payment through all international credit cards and adhere to strict industry security standards for payment processing. Stripe, whose terms of service can be found at https://stripe.com/en-ca/legal/ssa and privacy policy can be found at https://stripe.com/en-ca/privacy is our third-party payment gateway for processing all payments. It is your responsibility to ensure that a valid card number and billing address is provided for us to successfully process your payment. If your card is issued in a foreign currency other than $USD, pricing will depend on applicable foreign exchange rates as per your Bank’s rules and regulations. Please note datafarmr reserves the right to charge your credit card in full irrespective of any payment failure or subsequent user attempt at withdrawal of permission (please refer to the non-refundable nature of our Services above). In case you have any question about the pricing or method of payment, feel free to reach out to our customer support before making the payment. We do not store any financial information from our customers beyond the processing period and accept no liability for any error in any third- party payment gateway under any circumstances whatsoever. Please read our Privacy Policy for further information. b) You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by the datafarmr payment processor. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the datafarmr payment processor has no control over, or responsibility or liability for, such fees or actions.
CONTENT
a) Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content“). Data Sellers bear the full legal responsibility for ensuring that the Content defined by them contains authentic and accurate information and comply with the applicable statutory provisions. Each Data Seller assures to the best of their knowledge and belief that their data listing does not contain any illegal Content or otherwise violate any intellectual and industrial property and personal rights, as well as all rights of third parties. Furthermore, each Data Seller ensures that they are the owner or are in possession of all necessary (license) rights of all data that they offer. Under no circumstances datafarmr takes any responsibility and assumes any liability for any Content provided by any Data Seller or any third party. Typically, datafarmr automated systems are programmed to scan and analyze the contents of all Content sent through the Platform, including messages between Users, to detect and prevent fraudulent activity or violations of datafarmr Terms and Conditions. This scanning and analysis may occur before, during, or after the Content is uploaded, or while in storage, and may result in your Content being withheld before being uploaded. By using our Service, all Users grant us a worldwide, non-exclusive, royalty-free right to use, modify, reproduce, store, archive, display, distribute and parse their Content. We may also make incidental copies of such Content as and when necessary to improve the Services over time. This includes the right to copy such Content onto our servers and make backups; parse into a search index or otherwise analyze on our servers; share with other Users and perform it in case of other media forms. Notwithstanding anything mentioned above, datafarmr reserves the right to remove any listing that do not comply with quality standards, contain illegal Content, abuse functionalities of the Service, or verifiably don’t offer any data.
INTELLECTUAL PROPERTY
a) All information and Content displayed in the Platform including text, graphics, designs, photographs, videos, typefaces, look and feel, format, and the like is owned and/or licensed by datafarmr unless expressly specified otherwise, and are protected by international laws on patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names and other applicable rights. Notwithstanding the above, datafarmr hereby disclaims any and all rights and claims to the copyright or any other right over any third-party content featured in the Platform unless expressly specified otherwise. By agreeing to these Terms and Conditions you understand and agree to not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, any material on or from datafarmr, including text, graphics, logos and designs for any purpose whatsoever or allow any third party to do so.
SUSPENSION OF SERVICE
a) We reserve the right to suspend, discontinue, or cease providing, at any time and from time to time, temporarily or permanently, any of the Services with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if we choose to do so fully or partially. All provisions of these Terms and Conditions which by their nature should survive such suspension or termination shall survive, including, without limitation, intellectual property ownership, warranty disclaimers, indemnity and limitations of liability.
LINKS TO OTHER WEBSITES
a) Our Service may contain links to third-party websites or services that are not owned or controlled by datafarmr. The provision of these hyperlinks does not imply that we endorse the related websites, services, and products offered. Please note datafarmr has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that datafarmr shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
LIMITATION OF LIABILITY
a) In no event shall datafarmr, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any Content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. For all purpose and intent, datafarmr remains a third-party between Users connecting and communicating through our Service and assumes no liability with regards to the commencement of contracts, contract negotiations, or data transactions between Users. Disputes between Users are exclusively to be settled between these parties, without datafarmr taking part in them. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In such case, our liability will be limited to the greatest extent permitted by law.b) In no event shall the total liability of datafarmr, whether in contract, warranty, tort (including negligence), or otherwise, exceed the total amount paid by the User to datafarmr for the Service in the twelve (12) months preceding the claim giving rise to the liability.
INDEMNIFICATION AND LIMITATION ON LIABILITY
a) You agree to indemnify, defend and hold harmless datafarmr, its officers, directors, employees, agents, consultants, representatives and agents from and against all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with (a) your use of or inability to use datafarmr (b) your violation of any provision of these Terms and Conditions or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. datafarmr reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will offer complete cooperation with datafarmr in asserting any available defenses. b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATAFARMR MAKES NO WARRANTY THAT (I) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (III) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DATAFARMR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT DATAFARMR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.
DISCLAIMER
a) Your use of the Service is at your sole risk. The Service is provided on an “AS IS“ and “AS AVAILABLE“ basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. datafarmr its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. b) Datafarmr acknowledges the importance of data accuracy and integrity in the context of data transactions. While we strive to maintain the accuracy and integrity of the data provided on our Platform, we do not guarantee the completeness, accuracy, availability, or applicability of any information. c) Data Sellers are solely responsible for ensuring that the Content they provide is authentic, accurate, and complies with applicable statutory provisions. Each Data Seller represents and warrants that their data listings do not contain any illegal Content and do not infringe upon any intellectual and industrial property rights, personal rights, or rights of third parties. Furthermore, each Data Seller assures that they are the owner or possess all necessary (license) rights to the data they offer. d) Datafarmr employs automated systems to scan and analyze the Content transmitted through the Platform to detect and prevent fraudulent activity or violations of our Terms and Conditions. However, the scanning and analysis of Content may occur before, during, or after the Content is uploaded, and while we make reasonable efforts, we cannot guarantee that all Content will be accurately scanned or analyzed. e) Data Purchasers and Data Sellers are encouraged to conduct their own due diligence and verify the accuracy, authenticity, and legality of the data before entering into any transactions. Datafarmr shall not be held responsible or liable for any inaccuracies, errors, or omissions in the data provided by Data Sellers or any third parties.f) By using our Platform, you acknowledge and agree that data accuracy and integrity are not guaranteed, and any reliance on the data provided is at your own risk. You are solely responsible for evaluating the accuracy, completeness, and usefulness of the data for your intended purposes. g) In the event that any inaccuracies or errors are identified in the data, Data Purchasers and Data Sellers are encouraged to promptly notify datafarmr, and we will make reasonable efforts to rectify the situation. However, datafarmr shall not be liable for any damages or losses arising from such inaccuracies or errors. h) This clause shall survive the termination or expiration of any agreement between the parties and shall continue to apply to any data accessed or obtained through the Platform.
DISPUTE RESOLUTION
a) All disputes should be first addressed and aimed for an amicable resolution between the respective Data Purchaser and Data Seller, upon failure of which datafarmr administration may, at their sole discretion, intervene as a third-party mediator. Notwithstanding the above, disputes between the parties that remain unresolved even after the intervention of datafarmr administration, including disputes as to the validity, execution, performance, interpretation or termination of these Terms and Conditions will be submitted to the laws of Canada and the exclusive jurisdiction of the Courts of British Columbia. Each party will bear their own respective legal costs of and incidental to the negotiation, any variation and execution of these Terms and Conditions, and the enforcement or attempted enforcement of respective rights, remedies and powers under the same.
ELECTRONIC COMMUNICATIONS
a) The communications between you and datafarmr use electronic means. For contractual purposes, you (a) consent to receive communications from datafarmr in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that datafarmr provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. With your informed consent (opt-in), such electronic communication may also include periodic emails and/or other messages for our internal marketing and promotional purposes. We take all reasonable measures to ensure that our marketing communications are compliant with applicable laws.
GENERAL INFORMATION
a) These Terms and Conditions shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada without regard to principles of conflict of laws. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be wholly or partially invalid, it will not affect the validity of the remaining provisions. In place of any unincluded or ineffective provision, the relevant statutory provision occurs. Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. b) We at datafarmr reserve the right, at our sole discretion, to modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the same on the Platform. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to it taking effect by posting to the Platform. What constitutes a material change will be determined at our sole discretion. You agree to review this document periodically to be aware of such modifications and your continued access or use of the datafarmr Platform shall be deemed as a conclusive acceptance of such modified Terms and Conditions.
SEVERABILITY
a) If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
ADDITIONAL TERMS
a) If you wish to use our Services, it is additionally required to enter into a Service Agreement with us. The terms of such agreement will further govern your relationship between datafarmr and in case of any inconsistency between these Terms and Conditions and the Service Agreement, the latter will supersede the former, unless mentioned otherwise. b) If you have any further questions, comments or requests regarding these Terms and Conditions, please contact us at contact@datafarmr.com
These Terms and Conditions were last updated in Mar 2024.