(Last updated: June 2021 )
These terms and conditions of use (“Terms of Use”) apply to all access to, and use of, all website, pages, and features and services provided through all of the sites hosted at datandashboards.co.nz domain and any related sub domain (collectively referred to as the “Site”) and any other application, platform, tools, API, data repository or other services made available by Data n Dashboards Limited, either directly or by a third-party platform or reseller, that includes an authorized link or reference to the Terms of Use (collectively referred to as the “Services”).
These Terms of Use form a contract between Data n Dashboards Limited (“DnD,” “we,” or “us”) and you. If the use of any of these Services is on behalf of any entity, “you” refers to both you and any entity on whose behalf you use the Services, and you represent and warrant that you are authorized to accept these Terms of Use on your and such entity’s behalf, and that such entity agrees to indemnify you and DnD for violations of these Terms.
Please read these terms of use carefully. By accessing or using any of our services, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. Do not use if you do not agree to all of these terms.
DnD reserves the right to change or modify any of the terms and conditions contained in the terms of use or any policy at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting on the site. Your continued use of, or attempt thereof, of any services through any means after the effective date of such changes will constitute acceptance of and agreement to any such changes.
For inquiries about our Terms of Use contact info@datandashboards.co.nz.
1. User Access: To access some features of the Services, an account will have to be created. In creating an account, you agree to provide correct information about yourself and will be responsible for all activities in your account. By registering on our system, the user consents to personal information submitted for user identification on the Services and related systems, as well as an content developed herein by user, being stored on DnD hosted server which are not limited to the website host provider and Tableau Online. For more information about personal information use, storage, and sharing, please review our Privacy Policy.
2. Acceptable Use: You agree not to use the Services or communicate with DnD or its agents in any way that is unlawful, deceptive, obscene, defamatory, threatening, fraudulent, harassing, inflammatory, disparaging, or otherwise abusive, or that infringes any intellectual property, privacy, or other right of or otherwise harms DnD, its service providers, its suppliers, your end users, or any other person. Use of the Services via mechanical, robotic, scripted or any other automated means without written prior approval by DnD is strictly prohibited. Nothing herein grants such preapproval. Further, pursuant to Sections below, DnD may terminate or suspend your use of and/or access to any one or more Services if and when DnD determines that your use or communications with us or our agents is inappropriate or in violation of these Terms.
You shall not directly or indirectly (i) use any of DnD proprietary information, third party data, or other content accessed through or component of the Services to create any service, software, documentation or data that is similar to any aspect of the Services, (ii) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of any Service, or the underlying ideas, data, algorithms or trade secrets therein or comprising any Service, (iii) resell, encumber, sublicense, transfer, rent, lease, time-share or use the Services or the third party data in any service bureau arrangement or otherwise for the benefit of any third party, (iv) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any aspect of the Services, including any third party data, (v) use or allow the transmission, transfer, export, re-export or other transfer of any product, technology or information it obtains or learns pursuant to this Terms of Use (or any direct product thereof) in furtherance of any criminal, fraudulent or otherwise unlawful activity, including in violation of any export control or other laws and regulations of New Zealand or any other relevant jurisdiction or (vi) permit any third party to engage in any of the foregoing proscribed acts.
3. Copyright and Limited License: Unless otherwise indicated, the Services are the proprietary property of DnD or its licensors or users. To the extent you are permitted to access and use the Services, we provide you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and use of the Services (including information and content contained within the Services) strictly subject to and in accordance with these Terms of Use. We reserve the right to terminate this license at any time and for any reason. Your failure to comply with these Terms of Use will result in automatic termination of this license, with or without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control in the event of such termination or if we otherwise notify you. Except for the limited license set forth in these Terms of Use, DnD does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
On behalf of yourself and/or any of your contractors or agents, you agree not to: A) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, the Services; B) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the Services or any source code; C) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; D) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality thereof, to any third party for any reason, including by making the foregoing available on a network where it is capable of being accessed by more than one device at any time.
You further agree to comply with any supplemental terms that govern your use of particular Services or features. Without limitation, you specifically agree to be bound by any terms and conditions imposed by third-party sources that apply to any information, data, features or other content from third-party sources that is accessible through the Services (“Third-Party Services”). DnD is not liable to you or any third party for any losses or damages resulting from your use of any such Third-Party Services.
4. Children Under the Age of 18: You must be at least 18 years of age to access and use the Services. The Services are not intended for children under 18 years of age, and DnD does not knowingly collect personal information from children under 18. DnD may enter in an agreement with any organisation, entity or agency who work with children under the age of 18 to provide the Services.
5. Privacy Policy: You acknowledge that when you download, install, or use the Services, DnD may use automatic means (including, for example, cookies and web beacons) to collect information about your device, about your use of the Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Services or certain of their features or functionality, and the Services may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Services are subject to our Privacy Policy, which is set forth in detail at https://datandashboards.co.nz/index.php/privacy-policy/ . By downloading, installing, using, accessing, and providing information to or through the Services, you acknowledge that your personal information may be collected, used, shared and otherwise processed in accordance with our Privacy Policy.
6. User Content: DnD allows users to upload datasets, create content in form of visualisations and dashboards (collectively, “User Content”), and collaborate with other users. You are solely responsible for your User Content. You agree not to create or post User Content: a. that is unlawful, defamatory, obscene, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent or objectionable; b. infringing any patent or violates and copyrights/licenses; c. misrepresenting affiliations and entities; or d. containing third party private information.
7. Rights to Content: You own and retain the copyrights to all User Content you post. You are responsible for providing access and sharing your User Content with other users. You grant DnD an irrevocable right to use, reproduce and publish in connection with the offered services.
8. Subscription Features: DnD offers Services, including any additional features DnD may choose to offer on subscription or other fee basis. However, DnD also reserves the right to modify or change the Services and data available through its subscription services or other fee basis without prior notice. If subscribed, you agree to pay all fees agreed at the time of signing for the subscription or fee agreement. Any purchase of a subscription or other fee basis is restricted to the named user on the subscription and may not shared or transferred
9. Ideas and Suggestions: Any ideas and suggestions made by you to DnD or on the Services will be sole property of DnD.
10. External Content: DnD may offer content with third party links and will offer features to users to be able to surface third party content in form of links. DnD does not monitor or have control over the third party content and is not responsible for third party content. Where we provide a hyperlink to a third party’s website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to that on our website or that may contain material relevant to our users. Such a hyperlink does not signify that DnD has reviewed or approved of the connected third party’s website or its contents nor does it necessarily reflect the opinions or views of DnD
11. Termination of Service: DnD may permanently or temporarily terminate or suspend your account or access to the Services without notice or liability if DnD (in its sole discretion) determines that your interactions with us or our agents are inappropriate or you have violated these Terms of Use. Without affecting any other remedies available to us, DnD may, without notice and in its sole discretion, terminate or suspend your right to use any free Services and block all your future access to and use of such Services at any time for any reason. DnD also may discontinue one or more Services, or any features thereof, without notice. Upon termination: A) all rights granted to you under this Agreement will also terminate; and B) you must cease all use of the Services and delete all copies from your computer/mobile device, and account. Termination or suspension will not limit any of DnD’s rights or remedies at law or in equity.
12. Disclaimer of Warranties: except as otherwise expressly provided herein, to the fullest extent permitted by law, the services are provided on an “as is” basis, and DnD hereby disclaims (for itself and its licensors and suppliers) all other warranties, whether express or implied, oral or written, including, without limitation, all implied warranties of title, non-infringement, quiet enjoyment, integration, merchantability or fitness for any particular purpose, or as to accuracy, completeness or adequacy of information, or reliability, that their operation will be uninterrupted or error-free and all warranties arising from any course of dealing, course of performance or usage of trade. Without limitation to the foregoing, DnD provides no warranty or undertaking, and makes no representation of any kind that the services will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, 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. DnD makes no representations or warranties with respect to the provision of third-party data or other third-party services.
You recognize the uncertainties inherent in any analysis or information that may be provided in connection with the services, and acknowledge that the services are not a substitute for its own independent evaluation and analysis and should not be considered a recommendation to pursue any course of action. DnD shall not be liable for any actions or decisions that you may take based on the services, including in connection with the use of any information or data contained therein. Except as otherwise provided herein, you understand that you assumes the entire risk with respect to the use of the services.
You hereby acknowledge and agree that the Services are not developed or provided by DnD as investment advice and will not be used or treated by you as investment advice. The Services are intended to be used for informational purposes only, and the Services do not provide investment advice. DnD, its affiliates and partners shall have no liability for any investment or other decisions made based upon any information in the Services.
Except as otherwise expressly provided herein, DnD, its affiliates and partners shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of third party data or any other services.
13. Limitation of Liability
To the fullest extent permitted by law, in no event will DnD be responsible for indirect, consequential, punitive, exemplary, special, or any other damages of any kind, including but not limited to loss of data or content, lost profits, loss of goodwill, or any direct damages in amounts that in the aggregate exceed the amount actually paid by you for the applicable services. The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or whether DnD was advised of the possibility of such damages.
14. Indemnification: You agree to indemnify, defend, and hold harmless DnD and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of this Agreement or to content you submit or make available through the Services.
15. Severability: If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
16. Governing Law: This Agreement is governed by and construed in accordance with the New Zealand laws without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Services shall be instituted exclusively in the courts of New Zealand. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17. Entire Agreement: Together with any supplemental terms that DnD presents to you, this Agreement constitute the entire agreement between you and DnD with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
18. Waiver: No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
19. Third-Party Services Legal Documents: Following are the third party service agreements. This might not be the comprehensive list and DnD can add further as it comes across.
Tableau:
https://www.tableau.com/legal
Salesforce:
https://www.salesforce.com/company/legal/
Snowflake:
https://www.snowflake.com/legal/
https://www.snowflake.com/data-marketplace/
https://www.snowflake.com/provider-policies/
LinkedIn:
https://www.linkedin.com/legal/user-agreement
Facebook:
https://www.facebook.com/policies_center/
YouTube:
https://www.youtube.com/static?template=terms
Microsoft Teams:
https://www.microsoft.com/en-nz/servicesagreement/
https://support.microsoft.com/en-gb/office/microsoft-teams-free-online-subscription-agreement-b1da79c4-4c9e-458d-b0ec-74a0a33b7ccd
20. Contact: if you have any questions about these terms, you can contact us at
Head Office
Data n Dashboards Limited
Wellington, New Zealand
Phone: +64 22 320 8861
Email: info@datandashboards.co.nz
