Needextradata Systems Ltd – Terms and Conditions

Updated as of April 16, 2018.

These Terms and Conditions (“Terms and Conditions”) govern your relationship with Needextradata Systems Ltd. (“ned”) and your use of our website (the “website”), your participation in the Data Incentive Program (the “Data Incentive Program”) (collectively, the “Services”) operated by ned and its principals, affiliates, partners, and provider companies (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using any of our Services.

Your access to and use of the Services is based on your acceptance of and compliance with these Terms and Conditions, and any additional terms put in effect by the ned, which include, but are not limited to, the rules of ned’s Data Incentive Program, and ned’s Privacy Policy (the “Additional Terms”) (these Terms and Conditions and the Additional Terms are collectively referred to as the “Terms”). These Terms apply to all visitors, users and others who access or use the Services.

By accessing or using the Services you agree to be bound by these Terms, and accept all legal consequences. If you do not agree to these Terms, in whole or in part, you may not use the Services.

Data Incentive Program

When you use the Data Incentive Program, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your use of the Services.

Data Credit Validity

A Data Credit received pursuant to a ned authorized campaign becomes active when its code is scanned by the ned smartphone application. If you do not scan the code provided within 7 days of the end of a campaign then the code becomes invalid and the incentive is deemed not to have been awarded. If a code is scanned within 7 days of the end of a campaign then the benefit associated with the incentive will be deemed claimable by the recipient of the code.

Intellectual Property

The Services and all contents, including but not limited to text, images, graphics or code are the property of ned and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Services only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any of our trademarks. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Services.

Links To Other Web Sites

The Service may contain links to third-party web sites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we 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 websites 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.

Privacy

We are committed to protecting your privacy. We collect, use, retain and disclose your personal information in accordance with ned’s Privacy Policy. View our Privacy Policy for complete details. If our business is transferred to a new owner, we will give affected users of the Services notice before personal information is transferred or becomes subject to a different privacy policy.

Termination

We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Services will immediately cease.

Indemnification

You agree to indemnify, defend and hold harmless us, our directors, officers, employees, contractors, partners, principals, agents, providers, suppliers, licensors, licensees, and affiliates, from and against any claims, losses, damages, losses, obligations, costs, actions or demands resulting from your use of the Services and/or breach of the Terms, which includes, but is not limited to, legal and accounting fees resulting from (a) your use of the Services; (b) your breach of any of these Terms; (c) anything you post on or upload to the Services; and (d) any negligent or illegal conduct by you.

Limitation Of Liability

We, our directors, officers, employees, contractors, partners, principals, agents, providers, suppliers, licensors, licensees, and affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Services; (ii) your inability to access or use the Services; (iii) any conduct or content of any third-party on or related to the Services; (iiv) any content obtained from or through the Services; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, 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.

Disclaimer And Non-Waiver of Rights

We make no guarantees, representations or warranties of any kind as regards the Services and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are 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, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

We, our subsidiaries, affiliates, and licensors do not warrant that a) the Services will function uninterrupted, securely or be available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.

If you breach any of these Terms and we choose not to immediately act, or choose not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. We do not waive any of our rights. We shall not be responsible for any purported breach of these Terms caused by circumstances beyond our control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and services provided.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws of the Province of Saskatchewan and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, you must stop using the Services. Accordingly, you should check the “updated as of” date of these Terms and Conditions and of any Additional Terms (at the top of each set of Terms) and review any changes since the last version.

Contact Us

If you have any questions about these Terms, please contact us at admin@needextradata.com

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