DISCLAIMER OF WARRANTIES   LIMITATION OF LIABILITY

This, Terms of Use Agreement (the “Agreement”) describes the terms and conditions applicable to your use of the Data Leaders web site which is identified by the uniform resource locator www.dataleaders.net (the “Site”) and services contained on the site (the “Services”). This Agreement is entered into between you as the user of the Site (the “User”) and Data Leaders Ltd (”Data Leaders”) Company Number 12449300.

This Agreement together with the Membership Terms and Conditions for Members (where applicable) and our Privacy Policy form the basis of our contract with you.

1. Application of and Acceptance of this Agreement

1.1 For purposes of this Agreement, a “User” is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with Data Leaders as a registered User or whether said User is a Member of Data Leaders. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.

1.2 By accessing or using the Site, you hereby agree to accept this Agreement as a User. You also agree to be bound by this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept this Agreement, please do not use this Site.

1.3 Data Leaders reserve the right to modify and amend this Agreement or any term or condition, at any time, for any reason and without prior notice. However, Data Leaders must post the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by Data Leaders of an amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorised officer of Data Leaders.

1.4 Data Leaders reserves the right to suspend or terminate, at its discretion and without prior notice, any user’s account if he/she fails to comply with or violates this Agreement as well as the rules and guidelines set out by Data Leaders.

2. User Conduct

2.1 Data Leaders is made available for both individual and corporate use.  Corporate use includes use by members of Limited or Public Limited Companies or Limited Liability Partnerships. Companies and any other legal entities wishing to use the Site, must provide information on their representative and his/her power to act on their behalf.

2.2 Since Data Leaders provides a platform and environment for professional networking, if users enter into agreements of any kind, with other users through the Site, Data Leaders is not a contracting party to these agreements and cannot in any case be held liable or accountable in regard to these agreements.

2.3 Data Leaders reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Site or the Service (or any part thereof) with, or without prior notice. You agree Data Leaders shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.

2.4 Your participation in Data Leaders is based upon the assumption all information you provide regarding yourself is truthful and accurate. Misleading or false information constitute a sufficient reason for terminating your user access.

2.5 You may not use a pseudonym or alias. Falsely misrepresenting your identity, including the use of pseudonym or alias, or your profile information will cause the suspension or termination of your usage of Data Leaders.

2.6 As part of the registration process you will be given or create a username and password to allow you to access the site. You alone are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your username and password. You are also accountable for all activities regarding your username, with or without your knowledge or permission. You agree to immediately notify Data Leaders of any unauthorised use of your username or password or any other breach of security.  If you know or suspect that someone else knows your password you should notify us by contacting the membership team at  [email protected] immediately. If you knowingly provide your log-on information to another person, your usage may be suspended temporarily or terminated. You agree that Data Leaders assumes no liability for activities accessed through your username and password, nor can or will Data Leaders be liable for any loss or damage arising from your failure to comply with this clause.

2.7 You acknowledge Data Leaders may establish general practices and limits concerning use of the Service, including without limitation the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message or attachment that may be sent from or received by an account on the Service, the maximum disk space that may be allotted on Data Leader’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Data Leaders has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Data Leaders reserves the right to log off users that are inactive for an extended period of time. You further acknowledge that Data Leaders reserves the right to change these general practices and limits at any time, in its sole discretion, without prior notice.

2.8 Under no circumstances will Data Leaders be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

2.9 You may not distribute, transmit, sell, display or publish in any form, electronic or print, any content from the website or the names of any users without the express consent of Data Leaders.

2.10 You may not monitor, data-mine, or copy Data Leaders web pages or any content within the Site, nor collect, archive, trade or sell any personal data or communications about other users.

2.11 While we encourage you to refer colleagues, and others to use the Service, you may do so only through methods that are consistent with the terms of use of your own Internet service provider as well as prevailing standards of acceptable Internet use and behaviour. In particular, you may not use the Service, name, trademarks, or other intellectual property of Data Leaders in conjunction with the sending of unsolicited email, or cause to be used Data Leader’s equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited email messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, re-mailing service, or address forwarding service, in such a way that Data Leaders’ network addresses or Data Leaders’ hosted Web or email services are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with Data Leaders include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of “spamming” or similar inappropriate behaviour should be reported to Data Leaders officials by emailing [email protected] .

2.12 Recognising the global nature of the Internet, you agree to comply with all rules for your local areas regarding online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

2.13 You are responsible for implementing industry standard procedures and virus checks to maintain the security of your computer system.

3. Materials provided or posted on Data Leaders

3.1 Data Leaders does not claim ownership of the materials, in any format including, but not limited to, text, images, photographs, audio, or video, that you provide (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”).

3.2 However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are, subject to the privacy provisions provided herein, automatically granting Data Leaders, its affiliated companies and sub-license’s permission to use your Submission in connection with the operation of their businesses (including, without limitation, all Data Leader’s Services), including, without limitation, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sub-licensable right and license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

3.3 No compensation will be paid with respect to the use of your Submission, as provided herein.  Data Leaders is under no obligation to post or use any Submission you may provide and Data Leaders may remove any Submission at any time in its sole discretion.

3.4 By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions, or that you have a license to such rights, or that such rights are covered by fair use.

3.5 In any event, you agree to indemnify and hold Data Leaders, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal costs, made by any third party due to or arising out of Content you make available, submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation this Agreement, or your violation of any rights of another party.

3.6 The Site may provide, or third parties may provide, links or other means to obtain access to information from other persons, World Wide Web sites or resources. Because Data Leaders has no control over such persons, sites and resources, you acknowledge and agree that Data Leaders is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Data Leaders 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

4. Dealings with professionals, advertisers

4.1 Given the business-oriented character and vocation of Data Leaders  you acknowledge and agree that your correspondence or business dealings with professionals of any kind or field of speciality, including but not limited to, transfer of information, counselling of any kind, transmission of references, as well as your participation in promotions of advertisers, found on or through the Site,  including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such professional or advertiser. You agree that Data Leaders shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such professionals or advertisers on the Service.

4.2   You further agree that you and the other party – whether a user of Data Leaders or not – engaged in any transaction or deal through Data Leaders, are solely responsible for all interactions with each other, for arranging for payment, customer service and the exchange and fulfilment of the goods or services purchased, and for the results of the transaction and for all applicable taxes. Data Leaders is in no way responsible for any failure to pay any amounts due or to deliver any merchandise as promised or to provide any kind of services as agreed upon, or for any other aspect of the transaction.

4.3   You also acknowledge and agree that Data Leaders does not guarantee in any case, the execution or outcome of any agreement whatsoever between Data Leader’s users or user and any third party, or the quality of any services provided or promised, nor does it caution credentials or specifics posted by any user and pertaining to (but not limited at) professional activity, academic curriculum etc.

4.4    Parties should exercise caution in providing contact information or personal information to the other party and in making personal contact with the other party. Data Leaders is not responsible for the actions of any of its users, and this Service is provided AT YOUR OWN RISK.

5. Privacy Policy and Data Protection

5.1 Data Leaders shares your concerns about personal privacy. Please refer to our Privacy Policy for full details.

5.2 USE OF THE SITE IS CONTINGENT UPON ACCEPTANCE OF THIS PRIVACY POLICY AND ALL OF THE TERMS IN IT.

6. Data Leader’s Proprietary Rights, Copyright and Trademarks

6.1 You acknowledge and agree that the Service, the Site, and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised in writing, by Data Leaders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Data Leaders, or the Software, in whole or in part.

6.2 Data Leaders grants you a personal, non-transferable and non-exclusive right and license to use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to access the Service by any means other than through the interface that is provided by Data Leaders for use in accessing the Service.

6.3 Date Leaders Ltd own and retain all rights in the Data Leaders website and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. All content on Data Leaders is copyright of Data Leaders Ltd.

7. Termination

7.1 You may terminate your user access to Data Leaders at any time without cause, penalty or explanation. In order to facilitate the use of the Site, you are requested to notify by e-mail, Data Leaders, of your termination decision. After you terminate your use, any personal data previously collected remains the property of Data Leaders.

7.2 You agree that Data Leaders, in its sole discretion, may, immediately and without prior notice, terminate your user access, registration, password, account (or any part thereof) or all use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Data Leaders believes you have violated or acted inconsistently with the letter or spirit of this Agreement. Data Leaders may also in its sole discretion and at any time suspend the Service, or any part thereof, with or without notice. You agree that any termination of your access to the this Agreement, may be effected without prior notice, and acknowledge and agree that Data Leaders may immediately deactivate or delete your access and all related information and files in your user access and/or bar any further access to such files or the Service. Further, you agree that Data Leaders shall not be liable to you or any third-party for any termination of your access to the Service.

7.3 Data Leader’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and other provisions of these terms of use continue after termination of your access or usage. Data Leaders™ will not be liable to you or any third-party for this termination. If your user access is terminated, you may not re-enter Data Leaders without express permission from Data Leaders.

8. Cancellation

8.1 If you are a consumer you have a legal right to cancel a Contract within 7 working days of the date the Contract between us is formed. This period of 7 working days, starts from the day after the day you receive the Products or Service. Working days means that Saturdays, Sundays or public holidays are not included in this period.

8.2 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to [email protected]. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

8.3 If you cancel your Contract within 7 working days you will receive a full refund of the price you paid for the Products or Service. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.

9. Governing Law, Jurisdiction, General Provisions

9.1 This Agreement together with the Membership Terms and Conditions for Members (where applicable) and our Privacy Policy form the basis of our contract with you and constitute the entire agreement between you and Data Leaders with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms of use by a party will be effective only if in writing and signed by a party.

9.2 These terms of use will be governed by and construed in accordance with the laws of England.  The parties agree to submit to the personal and exclusive jurisdiction of the courts located in England, United Kingdom. If for any reason a court of competent jurisdiction finds any provision or portion of these terms of use to be unenforceable, the remainder of the terms of use will continue in full force and effect. You shall not assign these terms of use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall Data Leaders be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, pandemics, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

9.3 The failure of Data Leaders to exercise or enforce any right or provision of the aforementioned Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

10. Content

Whilst every effort has been taken to verify the accuracy of the information published on www.dataleaders.net neither Data Leaders Ltd nor its affiliates can accept any responsibility or liability for reliance by any person on this information, opinions or conclusions set out in our content. The OP-EDs, interviews and articles express the views of their writers and/or participants, and are not necessarily the views of the site, its Founders, executives and affiliates.

11. DISCLAIMER OF WARRANTIES

Data Leaders and its affiliates, licensors, partners, suppliers, consultants and ag-ents disclaim any responsibility or liability for the accuracy, content, completeness, legality, reliability or operability or availability of information or materials displayed on the site. The service and all materials, information (including, without limitation, any information, materials or services of any kind obtained or accessed through Data Leaders website), products and services included therein, are provided on an “as is” and “as available” basis, with no warranties whatsoever. Data Leaders expressly disclaims to the fullest extent permitted by law all express, implied, statutory or other warranties of any kind, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. Data Leaders makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. You expressly understand and agree that your use of the service is at your sole risk. You agree to hold harmless and indemnify Data Leaders from and against any third party claim arising from or in any way related to your use of our services and site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and attorney’s fees of every kind and nature.

Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Data Leaders or through or from the service shall create any warranty not expressly stated in this Agreement.

12. Limitation of Liability

You expressly understand and agree Data Leaders shall under no circumstances be liable to you, 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 (even if Data Leaders has been advised of the possibility of such damages), resulting from:  (i) the use, misuse of, or the inability to use the service, or the interruption, suspension, termination of the Data Leaders site (including such damages incurred by third parties); (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service and to the fullest extent PERMITTED BY LAW.

13. Intellectual Property

13.1 All Intellectual Property Rights and other marks on the Site are reserved to Data Leaders Ltd.

13.2 You shall indemnify Data Leaders against all costs, claims, damages, losses and expenses arising as a result of infringement by you of the Intellectual Property Rights belonging to Data Leaders.

14. If you participate in Data Leaders’ Guild and Q&A these additional terms will apply

14.1 These terms apply specifically to your use of Guild and Q&A which is provided as part of the membership package in respect of which you have agreed to the Membership Terms, and which shall apply to your use of Guild and Q&A save where they shall conflict with these terms in which case these terms shall prevail.

14.2 These terms in addition to the Membership Terms should be read in conjunction with the Privacy Policy and the Terms of Use both of which govern your use of this site generally save where there is a conflict with these terms in which case these terms shall prevail.

14.3 Guild and Q&A is provided on an ‘as is’ basis and paragraph 11 of the Terms of Use shall apply specifically to your use of Guild and Q&A.

14.4 In using Guild and Q&A you warrant that you have the appropriate authority and consent to do so and that any materials, data and information you upload or disclosure in using Guild and Q&A you do so on that basis and solely at your risk and discretion.

14.5 While we may from time to time monitor users use of Guild and Q&A to ensure that such use is consistent with these terms we do not provide any assurance or guarantee that Guild and Q&A is regulated or controlled by us.

14.6 The objective of Guild and Q&A is to provide a platform for the free exchange of ideas and information. Users are encouraged to engage constructively and with respect to other users. We expect all users to act ethically and in good faith in their use of Guild and Q&A having regard for the views and information supplied and exchanged by other users. We reserve the right at all times to withdraw this service from any user or corporate member if in our sole discretion such approach is not adopted.

14.7 Guild and Q&A provide users with the option to create a private forum (invite only). This option is available to you entirely at your discretion. We do not vet any user of Guild and Q&A. The invite only forum is self-governing and you must determine in your sole discretion whether or not to invite any user to your forum.

14.8 If you seek to rely on any information or advice given by another user then you do so at your own risk.

14.9 No information uploaded to Guild and Q&A will be made available by us to any third party.