TERMS AND CONDITIONS
General
Information supplied by Direct Business Data (also referred to in this document as dbdata) is for the expressed use of the purchaser and is not to be reconfigured or distributed to other entities. Use of the information must not breach any federal or state laws or privacy acts. Liability for use is at all times the responsibility of the purchaser. dbdata information is copyright and has been encoded to ensure it is used in accordance with the agreed terms and conditions subject to its purchase. Breaches of the agreement will be subject to legal redress. dbdata operates in real time delivering products online in an interactive format. Any purchaser entering an agreement to purchase must provide dbdata with manatory information regarding themselves and their company. dbdata will only deal with representatives of registered corporate entities, which must provide a corporate address, corporate email, corporate landline and a direct mobile phone contact. Customers only have to register once. dbdata reserves the right to reverse any transaction and refund any monies received if terms and conditions are determined to have been breached.
Data
Information provided online is as current as possible as monitored by dbdata researchers. Sharemarket movements are captured by dbdata updates. Notifications of updates are emailed on a regular basis to subscribers of dbdata. dbdata takes every care to ensure the published information is reliable but it does not warrant its accuracy. Its use excludes liability in law, contract or otherwise, and it is not liable for any loss or damage sustained by the purchaser under any circumstances. dbdata adheres to a privacy policy under all Federal and State laws. (see below) These laws are subject to change from time to time.
General obligations
Under dbdata’s terms and agreements the purchaser is subject to the following performance obligations. Unless otherwise agreed the purchaser of information from dbdata enters into an agreement to hold a 12-months non-exclusive, in-house, non-transferable, non-licensable right to data from dbdata to access and to use said information four times for the purpose for which is was created and to help achieve the purchaser’s stated business objectives. The purchaser is limited to one download in a seven day period and can use that data four times during the contracted 12-month period.
Furthermore the purchaser must only allow its own staff to access the data. Staff must be employed by the customer and undertake their work or instructions from the site listed on the purchase agreement. Data may not be disseminated to sub-contractors or third party entities without the express written consent of dbdata. (the supplier)
The above means that dbata information is excluded from:
1) reassembling or reprogramming the data into third party databases
2) duplicating dbdata information for sale under another name
3) Creating any derivative product using dbdata information
4) Republishing, renting, reselling, data mining or sublicensing dbdata information
5) Incorporating any part of dbdata information into any other product without the express written consent of dbdata.
The purchaser therefore agrees not to use dbdata information except in accordance with the transaction as set out in these general terms and conditions and applicable to dbdata products.
Under the terms of the purchasing agreement the customer takes full responsibility for protecting the data provided by dbdata and therefore acknowledges and agrees that it must take all reasonable precautions to protect any account, identification numbers and/or passwords issued by dbdata
The purchaser agrees not to reveal identification numbers or passwords to third parties and accepts responsibility and liability for unauthorised use of said passwords and identification numbers.
From time to time dbdata may enter into exclusive ‘on request’ assignments on behalf of clients utilising the dbdata database. These assignments are also covered by dbdata’s terms and conditions, unless otherwise noted in a written explanatory note.
Payment
Products sold under this agreement are under subject to GST. Such additional amount is payable at the same time as the related fee. When an online purchase is executed a tax invoice will be generated electronically to the computer hosting the agreement. When a ‘special request’ or offline order is transacted a special invoice with agreed payment conditions will also be generated online.
Breaches
If it is brought to the attention of dbdata that terms and conditions of the purchasing agreement have not been met either by the customer or its employees – and no explanation is forthcoming from the purchaser – dbdata may terminate and/or revokes the purchaser’s access to all dbata online services. Termination of the agreement does not release the purchaser of its legal responsibilities under the terms and conditions of the original agreement.
If it is determined that the breach of the terms and conditions of the original agreement has damaged dbdata in any way, legal proceedings will commenced to recover any loss suffered by dbdata. At the same time dbdata will adjudicate whether unauthorised use of dbdata information has contributed to a loss of revenue to dbdata that an entity would have paid in the normal course of business. If this is the case a charge will be made on the original purchasing company.
Privacy obligations
When using any of the dbdata products or data the purchaser agrees to comply with the terms of all current Federal and States Privacy Acts which regulate the use of personal information. As highlighted on the dbdata web site, information is collected about the customer in order for dbdata to provide the information/product requested from our databases. This is in addition to the information required by dbdata’s credit card or payment facilitator. This is done to help us personalise and customise your experience with dbdata; to help manage the delivery of products; to verify your identity; to investigate complaints made against dbdata and to investigate whether the customer may have intentionally or inadvertently breached the terms and conditions of the transaction. If there has been an intentional breach of our copyright that information may be revealed to third parties i.e. the appropriate authorities and agencies.
In addition there is a communication facility whereby the customer allows dbdata to communicate directly with the customer in order to publicise new developments, updates or products that they may be of interest to the user. People can subscribe to this service and can unsubscribe at any time.
dbdata undertakes that all reasonable steps will be taken to protect the personal information that it holds from misuse, loss, or unauthorised access, including by means of firewalls, password access, secure servers and encryption of credit card transactions. However the customer acknowledges that the security of online transactions and the security of communications sent by electronic means cannot be guaranteed.
Indemnify
The purchaser agrees to defend, or mediate, any third party claim or suit brought against dbdata and its service providers on the basis of any breach of dbdata’s terms and conditions or on any product, data or claims or representations made by the purchaser using dbdata information.
Security
The purchaser must immediately notify dbdata if it becomes aware that its user name, password or identification number have been compromised. Upon receipt of such notification dbdata will deactivate the account as quickly as possible and issue new login details.
Contact
The purchaser acknowledges that the dbdata and its service providers may communicate with the purchaser from time to time to provide updates and news concerning dbdata or to request information that may help dbdata increase customer’s satisfaction. Dbdata will respond to queries about the database, or requests for exclusive content or projects, on the subscriber account email or via phone contact.
PRIVACY POLICY
Direct Business Data at all times agrees to meet its obligations under the Australian Privacy Principles (APPs). The data collected by dbdata comes from information gained from public sources, company annual accounts, and official websites.
In some cases companies and/or individuals have been contacted to confirm or clarify these details. Onsite, dbdata maintains a subscription list of all users and their corporate details. This information can be used and analysed by dbdata to help further improve its customers relations. This information is securely held on the company’s web hosting facility and is not for sale or lease to any outside entities.
Under dbdata’s terms and conditions our customers agree at all times to comply with the terms of the Australian Privacy Principles (APPs), which regulate the use of personal information obtained from dbdata products. That customer must declare the source of such information if requested. dbdata can be contacted by anyone listed in our databases who would like their name suppressed.
As highlighted on the dbdata web site, information is collected in order for dbdata to provide the information/product requested from our databases. This is addition to the information required by our credit card and payment facilitator. This is done to help manage the delivery of products; to verify the purchaser’s identity; to investigate complaints made against dbdata and to investigate whether the customer may have intentionally or inadvertently breached the terms and conditions of the transaction. If there has been an intentional breach of our copyright and/or usage then that information may be revealed to third parties i.e. the appropriate authorities and agencies.
REFUND POLICY
Once a customer has been verified and becomes a client of Direct Business Data they can purchase a data pack and the product will be delivered quickly to the nominated computer along with a GST tax invoice. Delivery will be confirmed on the dbdata server at which time dbdata will consider that the transaction has been completed unless overwise notified by the customer. The data is available for use by the customer four times in a 12-month period.
In the case of a technical malfunction - ie data transfer interruption, computer or server failure, electrical interference or just human error at the end of the keyboard. If this happens the purchaser can download the data again anytime within seven days of purchase or contact dbdata.com.au within that seven-day period and we will endeavour to rectify any problem as quickly as possible.
If for any reason a purchaser is dissatisfied with the supply of service from dbdata they can contact their credit card provider to have the transaction reversed – after any dispute is investigated. Of course dbdata wants to satisfy all customer requirements so confirmation of correct delivery is key to making sure both parties are satisfied.
Coversely if dbdata discovers that the a client has intentional sought to purchase dbdata products under false circumstances the transaction will be reversed, monies refunded and access to the dbdata website revoked.
If for any reason, the credit card used in the transaction proves to be invalid or illegally obtained, dbdata and its merchanise account provider will seek redress through legal representation.
In regard to special requests for project work to be conducted offline, dbdata will issue a GST-tax invoice upon completion of the project. This must be paid online before delivery of the data pact. A email will be used to complete the transaction and confirm delivery.
DATA NEWS
Information published in our Data News section is based on information, data and research from various credited sources considered accurate at the time of publication. It does not undertake to update, correct or republish information or market pricing that is subsequently found to be inaccurate or incomplete unless deemed newsworthy and useful to clients of the dbdata. Information published in the Data News section under no circumstances should be considered by the reader to represent investment advice or portfolio strategy. The section’s aim is to give readers useful business and data information that can be used to create a greater understanding of the changing business world. Investors should do their own research and analysis, or contact a licensed investment adviser or stockbroker before making investment decisions.