Terms of Use
Version Update: 28/05/2022
This agreement (the ” Terms of use“) contains the terms and conditions that govern Your access to and use of DataMix’s Online Services (as defined below) and is an agreement between DataMix Europe OÜ with its registered with its registered office at F. R. Kreutzwaldi tn 4-7 Kesklinna linnaosa, Tallinn Harju maakond 10120, maintained by District Court for, tax identification number 16314212, hereinafter referred to as ”Canary Consulting” (also referred to as ” we ,” ” us ,” or ” our“) and You or an entity You represent (” You” or ” Your“).
When you click the “I agree” or equivalent checkbox presented with the link for these terms you hereby accept provisions set below. This agreement takes effect upon the confirmation of the Registration process (as defined below) by DataMix.
YOU REPRESENT TO US THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS. IF YOU ARE CONCLUDING THIS AGREEMENT ON BEHALF OF AN ENTITY, SUCH AS THE COMPANY YOU WORK FOR, YOU REPRESENT TO US THAT YOU HAVE LEGAL AUTHORITY TO LEGALLY BIND THAT ENTITY (E.G. YOU HAVE POWER OF ATTORNEY TO DO SO). YOU UNDERTAKE TO COVER ALL DAMAGES INCURRED BY DATAMIX IN CONNECTION WITH FALSEHOOD OF THE ABOVE STATEMENT.
YOU REPRESENT TO US THAT YOU ARE ENTERING INTO THIS AGREEMENT IN RELATION WITH YOUR PROFESSIONAL ACTIVITY AND THEREFORE YOU ARE NOT A CONSUMER WITHIN THE MEANING OF APPLICABLE PROVISIONS OF LAW.
1. Introduction
1.1. Canary Consulting has 2 engagement models a) Canary Consulting provides Contractors database on the websites to it’s Business users and partners so they can use Canary Consulting Online Services offered. b) Canary Consulting provides it’s enterprise Business users projects database on the websites to Contractors so they can use Canary Consulting Online Services offered.
1.2. Before You will have access to Online Services You must agree to the following Terms of use.
2. Definitions
2.1. “Account” a collection of resources managed by us for You under a unique name (login), where data and information concerning Your activity are collected.
2.2. “Online Services” means each of the services made available to You by us or our affiliates via Website, including in particular application program interface, Canary Consulting’s content, talent and project pools, account and any other service provided by us under these Terms of use.
2.3. “Registration” means the process of collecting and verification of data (including personal data) about You and Your workplace and accepting required agreements to access the Online Services.
2.4. “Talent Pool” means the store of data (database) on professionals, including Your uploaded Data, available for other users.
2.5. “Business Pool” means the store of data (database) on businesses, including Your uploaded Data, available for other users.
2.6. “Website” means https://www.canary.consulting/ (and any related site designated by us), as may be updated by us from time to time.
2.7. “Your Content” means content that You transfer to us for processing via Online Services in connection with Your Account (i.e. data about your talent). Your Content does not include Account information provided during the registration (i.e. Your tax identification number, etc.).
3. Use of the Online Services
3.1. In order to access Online Services, You shall complete Registration and create an Account by filling the appropriate registration form and providing requested data.
3.2. After completing the registration form, a message will be sent to the e-mail address provided therein, indicating a manner in which the Registration should be completed and other information as required by law. Upon the confirmation of the Registration sent by Canary Consulting, You and Canary Consulting enter into the agreement concerning provision of Online Services by Canary Consulting, on conditions set forth in these Terms of use.
3.3. During both registration and later use of Online Services, You shall provide the needed and up-to-date data and information. In case of any changes, You shall update data and information using Your Account functionality.
3.4. You shall gain access to the Account each time only after entering Your username or e-mail address and password (logging in). The use of automated solutions, in particular automatic login software, shall be at Your own risk.
3.5. In connection with Your use of the Online Services, we may send You service announcements, administrative messages and other information. You may opt out of some of those communications.
3.6. These are technical requirements necessary to use our Website and Online Services: a) Internet connection; b) Web browser capable of displaying HTML and JavaScript documents on a computer or mobile device screen;
4. Your Data in the pool
4.1. After Registration and logging in, You will gain access to Website’s subpage which allows You to upload Data to the Pool. To upload any data, you will be required to complete presented information forms and upload required data including i.e. profession, skills, experience, project details, etc.
4.2. Uploading data to the Pool will require you to accept Protection Agreement, which sets out non-solicitation, confidentiality and data protection arrangements that aim to protect our confidential information.
4.3. You may remove any uploaded data from the Pool using Account functionalities. In no case should this affect any of your obligations regarding You on relevant projects if performed for particular Business users.
5. Fees
5.1. The use of Online Services is free of charge, unless other is specified.
5.2. Any chargeable services shall be performed with prior communication on the website with all charge details.
6. Your Responsibilities
6.1. You may not use other users’ Accounts or make their Accounts available to other persons.
6.2. You are responsible for all activities that occur under Your account, regardless of whether the activities are authorized by You or undertaken by You, your staff or a third party. We are not responsible for unauthorized access to Your account or any of the previous mentioned actions. We are responsible solely to the extent caused by our breach of these Terms of use.
6.3. Your login data is for Your internal use only and You shall not disclose, sell, assign, transfer or sublicense them to any other entity or person. You may disclose username or e-mail address and password solely to Your staff members, agents, subcontractors or other persons acting on Your behalf.
6.4. You hereby ensure Canary Consulting that You will not provide Canary Consulting (in any manner, including by uploading into the Website or by using Online Services) any content of unlawful nature nor that You will undertake any actions that may impede or damage the Website or any of the Online Services.
6.5. If Canary Consulting receives any notification or credible information about the unlawful nature of any content that You provided, Canary Consulting may prevent access to such content or relevant Online Service. Canary Consulting shall not be liable to You for any damage caused as a result of preventing such access.
7. Your content
7.1. Canary Consulting Online Services allow You to upload or submit content on our Website. You retain ownership of any intellectual property rights that You hold in that content.
7.2. When You upload or submit content to our Online Services, You give Canary Consulting and its affiliates worldwide license to use, host, store, reproduce, modify, publish and create derivative works, as well as allow to use the derivative works. The rights You grant in this license are for the limited purposes of research and operating or improving our Online Services.
7.3. You shall ensure that Canary Consulting’s use of Your Content and Your use of the Online Services will not violate any agreements with any third parties or any applicable provisions of law. Your Content in the Pool shall be available publicly for other users of the Website and You are solely responsible for Your Content available to third parties via the Website.
8. Copyrights
8.1. Canary Consulting either owns the intellectual property rights in the HTML, text, images, software or other content that is made available on the Website, or has obtained the permission of the owner of the intellectual property to make it available on the Website. Canary Consulting strictly prohibits the copying or redistribution of any part of the Website or content on the Website without Canary Consulting’s explicit e-mail consent. Canary Consulting authorizes You to display on Your computer, download and print pages from the Website provided: (a) the copyright notice appears on all such printouts, (b) the information is not be altered, (c) the content is only used for personal, educational and non-commercial use, and (d) You do not redistribute or copy the information to any other media.
9. Disclaimer
9.1. YOUR USE OF THE ONLINE SERVICES IS AT YOUR OWN RISK. WEBSITE, ONLINE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DATAMIX MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF ONLINE SERVICES OR WEBSITE OR ANY CONTENT. DATAMIX, TO THE EXTENT ALLOWED BY APPLICABLE PROVISIONS OF LAW, DISCLAIMS ALL WARRANTIES, EXPRESS IMPLIED OR STATUTORY, INCLUDING FITNESS FOR A PARTICULAR PURPOSE. DATAMIX MAKES NO WARRANTY THAT, (I) ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY OR SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ONLINE SERVICES WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT WEBSITE, ONLINE SERVICES, ITS CONTENT AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR DIFFERENT HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) YOU DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS VIA WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY DATAMIX AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
10. Modifications to the Agreement
10.1. We may modify these Terms of use (including Privacy Policy) at any time by posting a revised version on the Canary Consulting Website or by sending a message to the email address then associated with Your account. The modified terms will become effective upon posting or, if we notify You by email, as stated in the email message. We will inform You of any modifications to the Terms of use at least 30 days before they will become effective. By continuing to use the Online Services after the effective date of any modifications to Terms of use, You agree to be bound by the modified terms. It is Your responsibility to check the Canary Consulting Website regularly for modifications to these Terms of use.
11. Term & Termination
11.1. The provision of Online Services shall be unlimited in time, subject to the provisions of this Section.
11.2. Canary Consulting may, at its sole discretion, at any time discontinue providing or limit access to the Website, any parts of the Website or content provided on or through the Website.
11.3. Termination for Convenience. You may terminate these Terms of use for any reason by providing us notice and closing Your Account. We may terminate these Terms of use for any reason by providing You 14 days advance notice.
11.4. Termination for Cause a) Each Party may terminate these Terms of use in the event of a material breach or persistent breaches of these Terms of use, with immediate effect. b) Canary Consulting may also terminate these Terms of use immediately upon notice to You, in case our relationship with a third-party who provides software or other technology we use to provide the Online Services expires, terminates or requires us to change the way we provide Online Services, or in order to comply with the law or requests of governmental entities.
11.5. Upon the Termination Date: a) All Your rights under these Terms of use immediately terminate. b) Any other agreements between You and Canary Consulting shall remain in full force and effect.
12. Privacy
12.1. Canary Consulting is committed to guard the privacy of the users of the Website in accordance with the relevant provisions of law. For details please see our Privacy Policy available at the Website ( https://www.canary.consulting//privacy-policy or equivalent ).
13. Miscellaneous
13.1. No Third-Party Beneficiaries. This Terms of use do not create any third-party beneficiary rights in any individual or entity that is not a Party to these Terms of use, unless explicitly stated otherwise.
13.2. Assignment. You shall not assign or transfer any obligations under these Terms of use without Canary Consulting’s prior consent given via email. Any attempt of assignment or transfer without such consent shall be void.
13.3. Governing Law and Remedies. These Terms of use shall be governed by and construed in accordance with the laws of the Republic of Poland.
13.4. Dispute Resolution. Any dispute, controversy or claim related to these Terms of use shall be resolved by the relevant court of ordinary jurisdiction over Canary Consulting’s seat or through compliant procedure described in Section 14.
13.5. Severability. If any part of these Terms of use shall be held invalid or unenforceable, the remainder of the provisions hereof shall continue in full force and effect. Any invalid or unenforceable parts will be interpreted to effect and present the intention of the original parts. If such interpretation will not be possible, the invalid or unenforceable part shall be severed from these Terms of use and the rest of the Terms of use shall remain in full force and effect.