These Terms and Conditions shall govern the use of Data Confidence S.A.’s Database, Online Services and Materials, as defined below.

Data Confidence S.A.
9, avenue des Hauts Fourneaux
L-4362 Esch-sur-Alzette

R.C.S. Luxembourg – B 207 123
TVA (VAT) LU 28656170
Contact : dataofficer@data-confidence.com

The terms and conditions listed below (“Terms and Conditions”) govern use of the database produced by Data Confidence and in which data-confidence.com has stored information regarding trade, transport and logistics all over the world (the “Database”), the online services provided by Data Confidence (the “Online Services”), and all the materials provided by Data Confidence and available therein (the “Materials”). By accessing or using the Database, the Online Services or the Materials, you agree with the Terms and Conditions.

1. Grant of rights; Restriction on use

You may access or use the Database, the Online Services or the Materials only as an Unregistered Visitor or an Authorised User. Any other access or use of the Database, the Online Services or the Materials is strictly prohibited.

1.1. Authorised Users (defined below in Section 2.1) are granted a nonexclusive, non-transferable, limited right to access and use the Online Services and/or the Materials made available to them. Any commercial use by Authorised Users of the Database, the Online Services or the Materials is strictly prohibited. If Authorised Users publicly use information retrieved from the Database, the Online Services or the Materials, reference must always be made to Data Confidence as the source of this information.

1.2. Unregistered Visitors (defined below in Section 2.2) to Data Confidence websites and subpages are granted a nonexclusive, non-transferable, limited right to access and use the Online Services and/or the Materials made available to them. Any commercial use by Authorised Visitors of the Database, the Online Services or the Materials is strictly prohibited. If Authorised Visitors publicly use information retrieved from the Database, the Online Services or the Materials, reference must always be made to Data Confidence as the source of this information. The rights granted exclusively to Unregistered visitors are as follows:

The right to display a limited amount of Materials for non-commercial purposes, including the display of materials on blogs, social media platforms, and other strictly non-commercial websites, under the condition that published Materials are linked directly to Data Confidence‘s publicly accessible web pages using the provided HTML code in an unaltered, unmodified, and functional state. Unregistered Visitors may not use or link to data-confidence.com any site containing inappropriate, defamatory, infringing, obscene, or unlawful topics, or names, material, or information that violates any applicable intellectual property, proprietary, privacy, or publicity rights;

1.3. All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Database, the Online Services and the Materials in any medium belong to Data Confidence or its third party suppliers. Neither Authorised Users nor Unregistered Visitors acquire any proprietary interest or right in the Database, Online Services, Materials, or copies thereof, except the limited rights granted herein.
Authorised Users or Unregistered Visitors may not exploit the goodwill of Data Confidence, including its trademarks, service marks, or logos without the express prior written consent of Data Confidence. Additionally, under no circumstances may Authorised Users or Unregistered Visitors:
offer, sell, or retransmit any part of the Database, Online Services or Materials to any other person for commercial resale or commercial redistribution in any medium or; use the Database, Online Services or the Materials to compete with the business of Data Confidence.
Authorised Users or Unregistered Visitors may not modify, reverse engineer, reverse assemble or reverse compile any part of the Database, Online Services or Materials.
Authorised Users or Unregistered Visitors may not remove, alter, edit or obscure the copyright notice or other notices contained in the Materials or on www.data-confidence.com.
Authorised Users or Unregistered Visitors shall not use the Database, the Online Services or the Materials in any manner that infringes the intellectual property rights or proprietary interests of Data Confidence or any third party. Their use of the Database, the Online Services and the Materials must comply with all applicable laws, rules or regulations. They may not use the Database, the Online Services or the Materials for any illegal purpose or in any manner inconsistent with the Terms and Conditions or any applicable laws.

2. Access to services

2.1. The term "Authorised User" refers to any person who has been granted a registered freemium account by Data Confidence (“Freemium Account”) to access the Database, the Online Services and the Materials. Authorised Users are eligible to access and use the Database, the Online Services or the Materials for personal use only. Authorised Users agree that the login information provided by Data Confidence, including username and password, may only be used by the Authorised User to whom Data Confidence has granted it and that Data Confidence’s login information may not be shared with or used by any other person, including other Authorised Users or Unregistered Visitors.

2.2. The term “Unregistered Visitor” refers to any visitor who is accessing the Database, the Online Services and/or the Materials without a registered account. All the provisions prohibiting or restricting the use of the Database, the Online Services and/or the Materials by Authorised Users apply to Unregistered Visitors, unless stated otherwise herein.

2.3. Any and all Freemium Accounts are valid until 1st of October 2017. After the 1st of October 2017 subscription terms and renewal options will be provided to Authorised Users.

2.4. Use of the Online Services or access to the Materials via mechanical, robotic, scripted or any other automated means is strictly prohibited. In the absence of any prior written agreement by Data Confidence, use of the Online Services and/or the Materials is permitted only via manually conducted, discrete, individual search and retrieval activities.

2.5. Data Confidence may amend enhance, add to, withdraw, or otherwise change the Database, the Materials, and any feature or functionality within the Online Services without notice at any time and in any way. Such modifications shall be effective immediately. Please review the Terms and Conditions whenever accessing, linking to, or using the Online Services. Access to the Database, the Online Services or the Materials after the posting of modifications to the Terms and Conditions by Data Confidence constitutes acceptance of the Terms and Conditions as modified.

2.6. Authorised Users are required to provide truthful and accurate information during registration, including, but not limited to, correct contact information (first name, last name, email address, etc.), confirmation of acceptance of Data Confidence’s privacy policy and Data Confidence’s Terms and Conditions.

2.7. Authorised Users are required to notify Data Confidence of any relevant changes to their contact information.

3. Warranty

3.1. Data Confidence represents and warrants that it has the right and authority to make the Online Services and Materials available to Unregistered Visitors and Authorised Users under those Terms and Conditions.

3.2. Unregistered Visitors and Authorised Users agree that use of the Database, the Online Services and/or the Materials is at their sole risk and acknowledge that, except as otherwise provided in section 3.1:
the Database, the Online Services and the Materials are provided “AS IS” and “AS AVAILABLE” and;
that Data Confidence and each third party supplier of Materials make no warranty of any kind, express or implied, as to the Database, the Online Services or the Materials, including but not limited to, merchantability, title, or fitness for a particular purpose or use.

4. Liability

4.1. A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:

4.1.1. any errors in or omissions from the Database, the Online Services or any Materials,

4.1.2. the unavailability or interruption of the Database, the Online Services, any features thereof or any Materials,

4.1.3. an Authorised User or Unregistered Visitor ‘s use of the Database, Online Services or the Materials,

4.1.4. the loss or corruption of any data or equipment in connection with the Database, Online Services or Materials,

4.1.5. the content, accuracy, or completeness of the Database, the Online Services or the Materials, all regardless of whether you received assistance in the use of the Online Services from a Covered Party,

4.1.6. any delay or failure in performance beyond the reasonable control of a Covered Party, or

4.1.7. any content retrieved from the Internet even if retrieved or linked to from within the Online Services.

4.2. “Covered Party” means

4.2.1. Data Confidence and any officer, director, employee, subcontractor, agent, successor, or assignee of Data Confidence; and

4.2.2. each third party supplier of Materials (“Third Party”), Third Party’s business partners or affiliates, and any officer, director, employee, subcontractor, agent, successor, or assignee of any Third Party, Third Party’s business partners or affiliates.

4.3. Under no circumstances, including, but not limited to negligence, shall any Covered Party be held liable for any special, direct, indirect, incidental, exemplary, punitive, or consequential damages of any kind whatsoever (including, without limitation, solicitor’s fees) in any way due to, resulting from, or arising in connection with the Database, the Online Services or the Materials, or the failure of any Covered Party to perform its obligations under those Terms and Conditions.

4.4. Data Confidence shall not be held liable for a temporary or permanent loss of service resulting from a change or mistake in an Authorised User ‘s e-mail address or contact information (as provided pursuant to section 2.6 or 2.7.), made intentionally or unintentionally, whether or not that information has been communicated to Data Confidence in accordance with those Terms and Conditions.

4.5. You agree, at your own expense, to indemnify, defend and hold harmless Data Confidence, its suppliers, agents, directors, officers, employees, representatives, successors, and assignees from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable solicitors‘ and experts‘ fees, arising out of or in connection with the Database, the Online Services or the Materials, or any links on the Online Services, including, but not limited to: (1) your use or someone using your computer‘s use of the Database, the Online Services or the Materials; (2) use by someone using your Freemium Account; (3) a violation of the Terms and Conditions by you or anyone using your computer (or Freemium Account, where applicable); (4) a claim that any use of the Database, the Online Services or the Materials by you or someone using your computer (or Freemium Account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party; (5) any deletions, additions, insertions or alterations to, or any unauthorised use of, the Database, the Online Services or the Materials by you or someone using your computer (or Freemium Account, where applicable); (6) any misrepresentation or breach of representation or warranty made by you; or (7) any breach of any covenant or agreement to be performed by you hereunder.

5. Cancellation

Cancellations must be submitted in a signed written letter or an e-mail and be sent to Data Confidence S.A., 9, avenue des Hauts-Fourneaux, L-4362 Esch-sur-Alzette or dataofficer@data-confidence.com. No additional written statements are necessary.

6. Miscellaneous

6.1. These Terms and Conditions may be amended or replaced by Data Confidence from time to time at the sole discretion of Data Confidence and are effective immediately.

6.2. Those Terms and Conditions constitute the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter. Any dispute relating to the use of the Database, the Online Services or the Materials will be subject to Luxembourg law and the exclusive jurisdiction of Luxembourg law courts.

7. Date: 21 of August 2017