TERMS OF USE

Last updated: July 2022

Please read the following Terms of Use (the “Terms”) carefully, which govern your use of and access to the website available at dataloca.com (the “Platform”), including any training documents, manuals, or other materials accessible from the Platform (the “Documentation”) provided to you (“you” or “your”). By accessing and using the Platform, you agree to be bound by these Terms as defined by Dataloca Academy Inc. and its affiliates, as applicable (collectively “Dataloca,” “we,” or “our”), as well as our Privacy Policy, which is an integral part of these Terms.

The Platform is only accessible to users who can legally enter into contracts under applicable laws. By using the Platform, you represent and warrant that you have reached the legal age of your place of residence to enter into a contract. If you choose not to accept these Terms or the Privacy Policy, you must refrain from using the Platform.

We reserve the right, at our sole discretion, to change or modify these Terms or any part thereof at any time and without notice. The modified Terms will take effect upon publication and will apply to your use of the Platform from that point onward.

1. ACCESS

1.1 Access to the Platform. Subject to strict compliance with the Terms, Dataloca grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use and access the Platform and Documentation solely for your personal, non-commercial, and educational purposes, in order to access, purchase, and otherwise participate in online training specialized in data science and data management. Your license will immediately terminate at the earliest of the following events: (i) the deletion of your account by you or Dataloca in accordance with the Terms; or (ii) the termination of Dataloca’s authorization for you to use the Platform, for any or no reason.

1.2 Product License. Subject to strict compliance with the Terms, by purchasing a product, you obtain from Dataloca a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the product for which you have paid all required fees solely for personal, non-commercial, and educational purposes via the Platform in accordance with these Terms and any conditions or restrictions associated with specific content or functionality of the Platform. Any other use is strictly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, or otherwise transfer or use any content, nor create derivative works or grant a sublicense thereof without having received explicit authorization from us in writing signed by an authorized representative of Dataloca. Dataloca reserves the right at any time to revoke any license allowing access to any product or Documentation and its use if Dataloca decides or is required to disable access to such product or Documentation for reasons of conflict with the law or its policies (e.g., copyright infringement complaints). You understand and agree that the content is provided to you under license; it is not sold to you. This license does not grant you the right to resell the content or Documentation in any way (including by sharing account information with a buyer or by illegally downloading the content and then sharing it on illegal download sites).

2. USER ACCOUNT

2.1 Account Creation. To access online training and Documentation, the Platform requires the creation of a user account. By creating a user account, you agree to provide Dataloca with truthful and complete information about yourself as required by the registration process. You must also choose a unique username and a secure password. In case of violation of this obligation, Dataloca may terminate your license to use the Platform and Documentation at its sole discretion.

2.2 Account Responsibility. You are solely responsible for ensuring and maintaining the confidentiality of your password and username. Additionally, you are solely responsible for all activities occurring on or through your account. You agree to immediately notify Dataloca of any unauthorized activity on your account or any other security breach.

2.3 Account Security. Although we use security measures to protect your personal information, we cannot guarantee that unauthorized third parties will never be able to circumvent the Platform’s security measures or make illegal use of personal information. You acknowledge that you provide your personal information at your own risk.

2.4 Dataloca’s Responsibility. To the extent permitted by law, Dataloca cannot be held liable for any loss or damage, including data loss associated with your account, that you may suffer as a result of another person’s use of your password, username, or account, with or without your consent. You may also be liable for losses incurred by Dataloca or a third party due to the use of your account, username, or password by another person.

2.5 Using Other Accounts. You are prohibited from using another person’s account at any time except with the account holder’s permission as their authorized agent.

2.6 Account Closure. Dataloca reserves the right to delete any account that has not been logged into for a continuous period of more than two (2) years upon prior written notice by email.

3. PLATFORM USE

3.1 Restrictions. You must not, directly or indirectly: (i) copy, modify, or create derivative works of the Platform or Documentation, in whole or in part; (ii) rent, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform or Documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to obtain or access the source code of the Platform or otherwise circumvent any security measures in place to prevent access to the Documentation, in whole or in part; (iv) remove or alter any proprietary notice on the Platform or Documentation; or (v) use the Platform or Documentation in a manner or for a purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person or that violates any applicable law.

3.2 Platform Suspension. Notwithstanding any contrary provision in the Terms, Dataloca may temporarily suspend your access to part or all of the Platform if Dataloca reasonably determines: (i) that there is a threat or attack on a component of the Platform; (ii) that your use of the Platform disrupts or poses a security risk to the Platform or any other Dataloca customer; (iii) that you use the Platform for fraudulent or illegal activities; (iv) that your use of the Platform is prohibited by applicable laws; or (v) that your use of the Platform violates the provisions of the Terms (each a “Suspension”). Dataloca will make commercially reasonable efforts to provide you with written notice of any Suspension as well as updates regarding the resumption of access to the Platform after any Suspension. Dataloca is committed to making commercially reasonable efforts to resume providing access to the Platform as soon as reasonably possible after the event causing the Suspension is corrected. To the extent permitted by law, Dataloca is not responsible for damages, liabilities, losses (including any loss of profits), or any other consequences you may suffer due to a Suspension.

3.3 Compliance Measures. The Platform may contain technological devices that protect against copying or other security features designed to prevent unauthorized use of the Platform, including protection features against using the Platform or Documentation: (i) beyond the scope of the right granted under section 1 of these Terms; and/or (ii) prohibited under section 3 of these Terms. You must not and must not attempt to remove, disable, circumvent, or otherwise create or implement any workaround to these security measures and features.

3.4 Investigations and Enforcement. Dataloca reserves the right to investigate any violation of these Terms and to take appropriate action to the fullest extent permitted by law. You acknowledge that Dataloca has the right to ensure compliance with these Terms, applicable laws, court orders, and government requirements.

4. COLLECTION AND USE OF INFORMATION; AGGREGATED STATISTICS

4.1 Collection and Use of Information. Dataloca may directly or indirectly, through third-party services, collect and store information about your use of the Platform and the equipment used to access and use the Platform through: (i) the provision of maintenance and support services; (ii) security measures included in the Platform as described above; and (iii) internet transmission. You agree that Dataloca may use this information for purposes related to your use of the Platform, including but not limited to: (i) improving the Platform’s performance or developing updates; and (ii) verifying compliance with the terms of the Terms and enforcing Dataloca’s rights, including all intellectual property rights in and to the Platform.

4.2 Aggregated Statistics. Notwithstanding any contrary provision in the Terms, Dataloca may monitor your use of the Platform, collect and compile aggregated and anonymous statistics (“Aggregated Data”). Between the parties, all rights, titles, and interests in Aggregated Data, including all intellectual property rights, will belong and be retained solely by Dataloca. You acknowledge and agree that Dataloca may: (i) make Aggregated Data publicly available in accordance with applicable laws; and (ii) use Aggregated Data to the extent and in the manner authorized by applicable laws.

4.3 Electronic Communications. When you provide Dataloca with your email address through the Platform, you expressly consent to Dataloca retaining your email address in its databases or using it in its mailing lists to communicate with you to (i) validate certain account-related information, (ii) keep you informed of your account status on the Platform, (iii) conduct surveys or checks regarding the Platform, particularly on its features, usability, and your appreciation of them, (iv) inform you of benefits or promotions offered by the Platform, or (v) for any other reason related to the Platform or user security.

5. PURCHASES ON THE PLATFORM

5.1 Sales Process. You must have previously registered on the Platform as provided and provided the necessary contact and information to make a purchase. This contact and information will appear in the summary of your online order (the “Order Summary”), a copy of which will be sent to you by email by Dataloca (the “Confirmation”). The sales contract with Dataloca is formed on the date and time when we send you the Confirmation to the email address you provided. The Confirmation will include information about the timing and place of receipt of your order.

5.2 Order Form. For any purchase, you must submit an order form using our standard order form provided through the Platform (the “Order Form”).

5.3 Data Encryption. You agree that your data (excluding credit card information) may be transferred without encryption and involve transmissions over various networks and modifications to comply with and adapt to the technical requirements of connecting networks or devices.

5.4 Acceptance, Modification, or Refusal. Dataloca will send you the Confirmation within ten (10) business days following receipt of your acceptance of the Order Summary and payment for the listed products. Dataloca and you will be bound by the Order Summary at the time of Dataloca’s transmission of the Confirmation. Dataloca reserves the right to propose modifications to the Order Summary by sending you a modified proposal by email, which you can accept or reject according to the acceptance and rejection procedures provided in that email. Dataloca may refuse any Order Form for any reason at its sole discretion and without explanation by means of an email to that effect.

6. PRICES, PAYMENT TERMS, AND PRODUCT INFORMATION

6.1 Prices. The sale price is the one displayed in the Order Summary and is payable upon acceptance of the Order Summary. To make your payment, you will be redirected to the relevant external transactional platform. Dataloca uses platforms such as Stripes and PayPal. You will be subject to the terms of use of the relevant external transactional platform.

6.2 Price and Product Modifications. The prices of our products are subject to change without notice. Dataloca reserves the right at any time to modify, replace, or discontinue any product offered on the Platform without notice.

6.3 Currency. Unless otherwise stated, all product prices displayed on the Platform are in Canadian dollars.

6.4 Payment and Taxes. Dataloca will require full payment for ordered products upon your acceptance of the Order Summary. Unless otherwise indicated, the product prices shown on the Platform do not include shipping and handling fees (if applicable) or applicable federal or provincial sales taxes. Shipping and handling fees and taxes will be indicated separately in the Order Summary.

6.5 Payment Method. Dataloca only accepts payments made by credit card in accordance with the terms and conditions required by the external transactional platform used, whether it is Stripes, PayPal, or another platform.

6.6 Invoice and Receipt. A payment receipt will be sent to you by email along with the Confirmation.

6.7 Price Errors. While we strive to ensure the accuracy of all prices on the Platform, errors may occur. If we discover an error in the price of products you have ordered after your acceptance of the Order Summary, we will inform you as soon as possible and give you the choice to confirm your order at the correct price or cancel it. If we cannot contact you within ten (10) business days, we will cancel your order and refund all fees paid for any canceled order.

6.8 Colors and Images. Dataloca makes commercially reasonable efforts to display as accurately as possible the colors and images of products that appear on the Platform, if applicable. However, Dataloca cannot guarantee that the display of a color on your computer screen will be accurate, nor that the product you receive will be exactly as indicated on the Platform.

6.9 Limitations and Discontinuation. Dataloca reserves the right to limit sales of products to any person, geographic region, or jurisdiction. Dataloca may exercise this right at its sole discretion. Additionally, Dataloca reserves the right to limit the quantities of any product offered through the Platform. All product descriptions and prices displayed on the Website are subject to change without notice at Dataloca’s sole discretion. Dataloca reserves the right to discontinue or suspend the announcement of any product at any time. Dataloca may, at its sole discretion, limit or cancel quantities purchased per person, per household, or per order, including orders placed through or under the same customer account, the same credit card, or orders using the same billing or shipping address. If Dataloca is unable to deliver a product you ordered because it is not available, it will notify you by email, and your order will be automatically canceled for the unavailable product; however, Dataloca may, at its sole discretion, contact you to allow you to maintain your order subject to a revised delivery time if the product becomes available.

6.10 Limits. Dataloca does not guarantee that the quality of any product or Documentation purchased or obtained by you will meet your expectations or that any errors in the Platform will be corrected.

7. DELIVERY

7.1 Content Ownership. Dataloca will deliver the ordered products in accordance with the delivery method and location indicated in the Confirmation. All delivery times provided (if any) are estimates, and Dataloca disclaims any liability for damages or costs resulting from any delay in delivery. You agree to be able to receive the products at the delivery location specified in the Confirmation.

7.2 Main Obligation. Dataloca’s main obligation is deemed to have been performed if Dataloca has attempted to perform it on the specified date in the Confirmation, on a later date agreed in writing between the parties, or on the date specified in a notice sent to you within a reasonable time, but was prevented from doing so by your actions or negligence.

7.3 Loss Risks. Dataloca will be responsible for any damage, loss, or defect of the products until they are delivered to you, after which you will be solely responsible.

8. ERRORS OR DEFECTS

8.1 Product Errors or Defects. In case of an error by Dataloca or a problem concerning the quality of a product, please write to us at admin@dataloca.com within five (5) days following receipt of the product(s) and explain the defects you have observed. Upon verification of the provided information, Dataloca will send you a replacement product within a reasonable time after validating the information provided under this paragraph.

8.2 Returns and Exchanges. Except for the replacement procedure provided in the previous paragraph, Dataloca will not accept any product returns and will not exchange any product.

9. USER CONTENT

9.1 Content Ownership. Between you and Dataloca, you retain ownership of any text or other material you post on or communicate through the Platform or otherwise provide to Dataloca (the “Content”), except for Feedback (as defined below).

9.2 Content License. By submitting Content on the Platform, you grant Dataloca a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to reproduce, publish, modify, and generally use the Content in connection with the Platform, whether for commercial purposes or otherwise, on any platform and any media known today or developed later. You agree that Dataloca is under no obligation to identify you as the author of this Content. You also agree to complete and execute all documents that Dataloca may reasonably request to give full effect to this provision.

9.3 Netiquette. At all times when providing Content under the Terms, you agree not to make any statement that could be considered, at Dataloca’s sole discretion, as: (i) abusive, defamatory, hateful, racist, xenophobic, homophobic, or sexist (or any use of discriminatory language); (ii) involving vulgar, obscene, or malicious language; and (iii) disclosing personal information or the confidential information of others. Dataloca reserves the right to delete any user account used for purposes contrary to the Terms, including these netiquette rules.

9.4 Content Responsibility. You consent and agree that you are solely responsible for any Content you post on the Platform. Consequently, you represent and warrant that: (i) you are the sole and exclusive owner of the Content submitted on the Platform or that you have all rights, licenses, permissions, consents, and releases to grant Dataloca rights to such Content; and (ii) neither the Content, nor your posting or transmission of Content, nor Dataloca’s use of your Content will infringe or violate the rights of any third party, including intellectual property rights and image rights, or any Canadian or foreign law or regulation.

9.5 Platform Administration. Dataloca reserves all rights regarding the administration of the Platform, including, in particular, the right to delete without notice any Content that, at Dataloca’s sole discretion, does not comply with the rules set out in the Terms, including the rules set out in this article.

9.6 Content Review. You acknowledge that Dataloca has the right but not the obligation to review Content or monitor your access or use of the Platform to ensure compliance with the Terms, laws, court orders, government requirements, or other applicable requirements.

9.7 Third-Party Content. Through the Platform, you may use and/or have access to Content provided by third parties. Dataloca cannot guarantee that this Content will be free from any material or information you may find objectionable. Dataloca disclaims any responsibility related to your access to or use of Content provided by third parties.

9.8 Complaint. If you find that any Content violates any provision of the Terms, you may file a complaint, which will be treated confidentially, through the contact address provided in these Terms.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 Platform and Documentation. You acknowledge and agree that the Platform is provided to you under license and is not sold. You do not acquire any ownership rights in and to the Platform or Documentation under the Terms, nor any other rights in and to the Platform or Documentation other than the right to access and use the Platform and Documentation in accordance with the license granted under the Terms, subject to all the terms, conditions, and restrictions detailed in the Terms. Dataloca reserves and retains all rights, titles, and interests in and to the Platform and Documentation, and all intellectual property rights arising from or related to the Platform and Documentation, subject to the license expressly granted to you under the Terms. You must protect the entire Platform and Documentation (including all copies thereof) against any violation, misappropriation, theft, misuse, or unauthorized access.

10.2 Trademarks. All trademarks, service marks, logos, trade names, or other designations of Dataloca or the Platform used in connection with the Terms are trademarks and/or registered trademarks of Dataloca. All other trademarks, service marks, logos, trade names, and other designations are the trademarks or registered trademarks of their respective holders.

10.3 Copyright. Without otherwise limiting the provisions of these Terms, all original works reproduced or published on the Platform are protected by copyright. The copyright holder of each work reserves all rights thereto. You acknowledge that any act done by any person without the consent of the copyright holder that only the copyright holder has the right to do under applicable copyright laws constitutes a violation of that right.

10.4 Other Rights. The Platform may also be protected by industrial designs or patents. Dataloca reserves all rights in the Platform not expressly granted.

10.5 Feedback. If you send or transmit to Dataloca any communications or materials suggesting or recommending changes to the Platform or Documentation, including, without limitation, new features or functionality related thereto, or any comments, questions, suggestions, or other (collectively, “Feedback”), Dataloca is free to use such Feedback notwithstanding any other obligation or limitation between the parties governing such Feedback. By submitting Feedback, you hereby assign to Dataloca all rights, titles, and interests in and to the Feedback as they are created and Dataloca is free to use, without attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback for any purpose whatsoever, although Dataloca is not obligated to use any Feedback. You also agree to complete and execute all documents that Dataloca may reasonably request to give full effect to this provision.

11. The Platform and Documentation are provided to you “as is” and “as available” without any warranties of any kind. To the fullest extent permitted by applicable law, Dataloca disclaims all express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, absence of errors, adequacy of content, or availability. Although Dataloca makes efforts to ensure that the information presented on the Platform and in the Documentation is complete and accurate, Dataloca cannot guarantee that this information is free from errors, omissions, and inaccuracies. Dataloca makes no warranties regarding the quality of any content viewed or obtained through the Platform or the Documentation.

12. LIMITATION OF LIABILITY. You acknowledge and agree that you assume all risks arising from your access to or use of the Platform and Documentation, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, Dataloca, its affiliates, directors, employees, agents, licensors, or successors and assigns shall not be liable for any damages of any kind, including, but not limited to, loss of use, loss of profits, use of, interruption of, delay or inability to access and use the Platform or the Platform, whether in contract or tort, arising directly or indirectly from the use or performance of the Platform or the Documentation, including any damages caused by or resulting from reliance placed on any information obtained through the Platform or the Documentation, or that result from mistakes, omissions, interruptions, deletion of files or emails, defects, viruses, delays in operation or transmission, or any failure of performance. Without limiting the foregoing, Dataloca shall not be liable for any direct, indirect, incidental, consequential, or punitive damages of any kind concerning the Documentation and information provided by the Platform or their accuracy or any decision made by you based on the information or Documentation provided by the Platform. You understand and acknowledge that it is your responsibility to make appropriate decisions based on your expertise and knowledge. Dataloca’s liability, its affiliates, directors, employees, agents, licensors, or successors and assigns to you or any third party is limited in all circumstances to the greater of one hundred dollars (100 CAD) or the amount you paid in the twelve (12) months preceding the event giving rise to your claims. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above exclusions may not apply to you.

13. By using the Platform and Documentation, you agree to defend, indemnify, and hold harmless Dataloca and its officers, agents, directors, employees, licensors, and assigns from all claims, causes of action, damages, obligations, losses, liabilities, costs or debts, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to your use of the Platform and Documentation or your violation of these terms or the rights of third parties. Dataloca may assume the exclusive defense and control of any matter for which you have agreed to indemnify Dataloca, and you agree to assist and cooperate with Dataloca in the defense or settlement of these matters.

14. The Platform and Documentation may contain hyperlinks to external websites that cause you to leave the Platform or Documentation (the “External Sites”). You acknowledge and agree that Dataloca is not responsible for the availability of these External Sites, nor for the accuracy of the content, products, or services available on these External Sites. The hyperlinks to External Sites do not imply that Dataloca endorses or approves these External Sites. You acknowledge that you assume all risks arising from your use of External Sites. By using the Platform and Documentation, you expressly release Dataloca from any liability arising from your use of any External Site, and you are bound by the terms of use and privacy policy applicable to those External Sites.

15.1 Applicable Law. To the fullest extent permitted by law, the Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein and are construed in accordance with those laws without giving effect to any choice or conflict of law provision or rule. Any legal action, dispute, litigation, or proceeding of any nature arising out of or in any way related to the Terms must be brought in the courts of the judicial district of Montreal, and you agree to submit irrevocably to the jurisdiction of these courts in the context of such a lawsuit, action, dispute, or proceeding.

15.2 Export. The Platform and Documentation may be subject to export control laws. You may not directly or indirectly export, re-export, or release the Platform to, or make the Platform accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, regulation, or rule. You must comply with all applicable federal laws, regulations, and rules and complete all required undertakings (including obtaining any necessary export license or other government approval) before exporting, re-exporting, releasing, or otherwise making the Platform available outside of Canada.

15.3 Survival. The provisions that by their nature should survive termination of the Terms will survive termination, including ownership and disclaimer provisions.

15.4 Assignment. You may not assign or transfer the Terms or any rights or obligations hereunder.

15.5 Privacy Policy. Your use of the Platform is subject to the Privacy Policy, which governs our use of your personal information. The Privacy Policy is expressly made a part of the Terms.

15.6 Entire Agreement. The Terms, together with the Privacy Policy, constitute the entire and exclusive agreement between Dataloca and you regarding the Platform and Documentation, and these Terms supersede and replace any prior oral or written agreements or understandings between Dataloca and you regarding the Platform and Documentation.

15.7 Waiver; Severability. The failure of Dataloca to enforce any right or provision of the Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Dataloca. Except as expressly set forth in the Terms, the exercise by Dataloca of any of its remedies under the Terms will be without prejudice to its other remedies under the Terms. If for any reason a court of competent jurisdiction finds any provision of the Terms invalid or unenforceable, the other provisions of the Terms will remain in full force and effect.

15.8 Contact Us. Dataloca appreciates your comments, questions, and feedback, which can be sent to admin@dataloca.com.