Terms Of Use

1. INTRODUCTION

These terms and conditions of use (“Terms”) and any amendments and restatements hereof (the “Agreement”) along with other policies available on our Website/Platform form a legally binding agreement between You ( “User”) and Datamarket (“Our”, “We”, “Us”).

By accessing or using the Website or accessing any of the associated services (Services), you hereby acknowledge that you have carefully and thoroughly read, understood, and accepted all of the terms and conditions contained in this Agreement including our Privacy Policy. In addition, you agree to be bound by any additional terms and conditions relating to promotions, bonuses and special offers which may be found on the Website/Platform or communicated to you from time to time.

If you do not agree with any part of these Terms of Use or/and Privacy Policy, kindly refrain from using Our Services. We reserve the right to update, revise, modify, or otherwise, reissue these terms. We may post a notice on the Website/Platform or when you use the services, and you can see when these Terms were last revised by referring to the "Last Updated'' legend above. It is your responsibility to inform yourself regarding the terms, as well as being familiarized with the modifications that affect or will affect you. Your continued use of the services after any amendment to this Agreement constitutes your acceptance of the Agreement as modified by such amendment.

By agreeing to these Terms, you agree that any disputes or claims that you may have against Us shall be resolved on an individual basis and that you would not participate in any class action or consolidated proceeding against Us. If any court or arbitrator determines that this class action waiver is unenforceable, then the arbitration provision under this Agreement shall be null and void.

2. REPRESENTATIONS AND WARRANTIES

By using the Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. The Services are not available to children (persons under the age of 18). By using the Services, you represent and warrant that you are at least 18 years old. By using the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device.

3. REGISTRATION

You shall be permitted full access to the Website/Platform and shall avail the Services on the Website/Platform only upon creating an Account on the Platform. As a part of the registration, You may be required to undertake a verification process to verify your personal information in order to set up the Account.

The Company shall have the right to display the information, feedback, ratings, reviews etc. provided by You on the Platform. You agree and accept that as on the date of Your registration on the Platform, the information provided by You is complete, accurate and up-to-date. You acknowledge and accept that the Company has not independently verified the information provided by You. We shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current or incomplete, or Datamarket a has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Datamarket a reserves the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at any time.

4. ACCOUNT

When You register for an account, You will be asked to provide us with some information about yourself, such as email address, phone number, or other contact information.
By registering for an Account, You represent, warrant and agree that:

You are using Your actual identity and the mobile phone number you have provided is registered in Your own name;
You will provide only true, accurate, current information about yourself, including optional information such as your profile photograph, on the Platform
You will provide your email address;
You will maintain and promptly update the User Details and other information that You provide on the Platform to keep it true, accurate, current, and up to date;
Your Account is for your personal use only. You shall not impersonate someone else. By creating an Account after providing a mobile phone number and verifying it, you represent, warrant, and agree that you are authorized to use the Platform and will abide by the Agreement.

5. SERVICES

Datamarket is a platform where individuals, businesses, and organizations can buy, sell, exchange, or share data assets. These data assets can include a wide range of information, such as consumer demographics, market trends or even financial data, and more. Datamarket provides a centralized and efficient mechanism enabling data providers to offer their data for sale or licensing and data consumers to purchase or access the data they need for various purposes, such as analytics, research, decision-making, and product development.
Our platform is constructed with state-of-the-art technology, guaranteeing the utmost security and reliability. Employing cutting-edge encryption, we prioritize securing your data transactions to facilitate the exchange of data between parties. Further, we incorporate features such as search and discovery tools, data visualization capabilities and data quality assurance mechanisms.

6. LICENSE

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal or internal business purposes.

You agree not to:

Use the Platform for any unlawful purpose or in violation of these Terms;
Access or use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform;
Attempt to gain unauthorized access to any part of the Platform or any systems or networks connected to the Platform;
Copy, modify, distribute, sell, or lease any part of the Platform or its content without the Company's prior written consent;
Use any automated means, including robots, spiders, or scrapers, to access or interact with the Platform;
Use the Platform to transmit or distribute any viruses, worms, defects, Trojan horses, or other malicious code;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
Collect or store any personally identifiable information from other users of the Platform without their express consent;
Violate any applicable laws, regulations, or third-party rights.

7. WALLET & FUNDING

To experience the full features of our service, you would need to activate your wallet on our platform. This wallet gives you access to the following features:

8. INTELLECTUAL PROPERTY OWNERSHIP

The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.

9. INDEMNITY

By entering into this Agreement and using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party,(c) your use or misuse of the Service.

10. PRIVACY

We respect your privacy and are committed to protecting your personal information. Please review our Privacy Policy to learn more about why we retain your information, how we collect, use, and protect your personal information.

11. DISCLAIMER OF WARRANTIES

HE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR‐FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICE AND SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‐INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR SOFTWARE.
YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE AND SERVICE, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. INTERNET DELAYS OR DISRUPTIONS

THE COMPANY’S SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, DISRUPTIONS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

13. LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DIRECT OR INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, DATAMARKET IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, DELAY IN OPERATION OR TRANSMISSION OR LINE SYSTEM FAILURE (II) NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, IN CONJUNCTION TO WEBSITE, SERVICES, OR ANY SOFTWARE OR TOOLS CONTAINED IN WEBSITE AND SERVICES AND IN GENERAL (III) WE SHALL NOT BEAR ANY LIABILITY, WHATSOEVER, FOR ANY DAMAGE OR INTERRUPTIONS CAUSED BY ANY COMPUTER VIRUSES, SPYWARE, SCAREWARE, TROJAN HORSES, WORMS OR OTHER MALWARE THAT MAY AFFECT YOUR COMPUTER OR OTHER EQUIPMENT, OR ANY PHISHING, SPOOFING OR OTHER ATTACK. (V) YOU AGREE THAT YOU ARE RESPONSIBLE FOR ALL DATA CHARGES YOU INCUR THROUGH USE OF THE PLATFORM.

14. NOTICE

Notices made by us for You or Your account specifically (e.g., notices of breach and/or suspension) will be provided to You via a notification message displayed on Your account page or via the email address provided to us in Your registration for the Services or in any updated email address You provide to us in accordance with standard account information update procedures we may provide from time to time. It is Your responsibility to keep Your email address current and You will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not You actually receive the email. For notices made by You to us and for questions regarding this Agreement or the Services, You may contact the Company at info@datamarket.co

The Company reserves the right to close or suspend Your account without prior warning should You contravene any of the terms and conditions of this Agreement and any future amendments and additions thereto.

15. MISCELLANEOUS PROVISIONS

Responsibility: If You authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of Your Agreement with the Company and/or these Terms and Conditions, You shall be deemed to have taken the action Yourself.

Severability: If any portion of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of these Terms and Conditions will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms and Conditions, and the rest of the Terms and Conditions shall remain in full force and effect.

Waivers: The failure by us to enforce any provision of these Terms and Conditions shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.

Successors and Assigns: These Terms and Conditions will be binding upon, and inure to the benefit of the Company and any contracting parties and their respective successors and assigns.

No Agency: Nothing in these Terms and Conditions shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between Datamarket and You.

No Third Party Beneficiary: You acknowledge and agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiary to any agreement entered into with the Company.

16. GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of Nigeria. Any disputes arising from the use of our platform or services shall be resolved through mediation and negotiation. Where a resolution cannot be reached, You and Datamarket shall have recourse to Arbitration in Nigeria in accordance with the provisions of the Arbitration and Mediation Act or any amendments thereto.

17. CONTACT DETAILS

We may revise these Terms of Use at any time, without notice. By continuing to use our platform and services, you agree to be bound by the revised Terms of Use.
If you have any questions about this terms of use or privacy policy or our privacy practices, please contact us using the details provided below:
Email address: info@datamarket.co