PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
General
This website is owned and operated by Penny Analytics Limited, “Penny Analytics”.
This website is provided “as is” and is accessed and used by you at your own risk. Although reasonable efforts are used to ensure that the website is current and contains no errors or inaccuracies, Penny Analytics makes no representations, warranties or guarantees that the information, content or materials included in this website will be error-free or completely accurate or current at all times, or at any time.
Penny Analytics controls this website from its offices within Ontario, Canada. You agree that (a) all matters relating to access to, use of, or purchases through this website will be governed by the laws of Ontario and the federal laws of Canada applicable to Ontario; (b) the courts of Ontario have jurisdiction; (c) the United Nations Convention on Contracts for the International Sale of Goods will not apply; and (d) you are responsible for complying with all local laws.
These Terms and Conditions, including (a) the Online Shopping Terms and Conditions (below), (b) Acceptable Use Policy (below) and (c) the Penny Analytics Privacy Policy (on a separate page), constitute the entire agreement between Penny Analytics and you pertaining to the use of this website.
Penny Analytics may modify these Terms and Conditions from time to time, for any reason, by posting revised Terms and Conditions on this website. Please review these Terms and Conditions from time to time so you will be apprised of any changes. If you continue to use this website after the revised Terms and Conditions have been posted, you will be deemed to have agreed to them.
The Content of this Website
All content which forms a part of this website, including without limitation, all text, design, graphics, drawings, photographs, e-mails, photographs, pictures, video, code and software, and all organization and presentation of such content (collectively, the “Content”), is subject to all proprietary rights provided under intellectual property law including without restriction patent, copyright, trademark, and trade secret laws.
You acknowledge and agree that the ownership right and title to such rights will continue and remain with Penny Analytics or its licensors, as the case may be. You are permitted to view and download a single copy of the Content and print hard copies of pages from this website for your own non-commercial and lawful use, provided that such copies clearly display the copyright and any other proprietary notices of Penny Analytics. No other copying of this website, in whole or in part, is permitted without the express written authorization of Penny Analytics.
“pennyanalytics.com”, “pennyanalytics.ca”, “Penny Analytics”, and certain other names, words, logos, slogans and images used on this Website are the property of and are subject to trade-mark rights held by Penny Analytics. Certain other trade-marks, trade names, words, logos, slogans and images depicted on this website are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property.
You agree that you will not distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system, or create derivative works of, reverse engineer, adapt, translate, transmit, arrange, modify, copy, publish, or make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever. You shall not permit, allow or do anything that would infringe or otherwise prejudice the intellectual property rights of Penny Analytics or its licensors or allow any third-party to access the Content. These restrictions set forth in these Terms and Conditions shall not apply to the limited extent that they are prohibited by applicable law.
Links to Third Party Websites
This website may contain links to other websites. All such other websites are independent from this website and from Penny Analytics. Penny Analytics has no control over and expressly disclaims any liability for such websites or their contents. The provision of any link does not constitute an endorsement of such linked website by Penny Analytics. Penny Analytics is not responsible for webstreaming or any other form of transmission received from any third party website nor is Penny Analytics responsible if the third party website is not working appropriately. Any transactions that take place between you and the third party are directly with the third party and Penny Analytics shall not be held responsible for any loss or damage that you may incur as a consequence thereto. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
Exclusion of Liability
Your use of (or inability to use) this website and the Content is at your own risk. You agree that your sole remedy in the event of any problem with your use is to cease using this website. In no event shall Penny Analytics or any of its directors, employees, agents and representatives and their respective successors and assigns be liable for any loss or damages whatsoever arising out or related to access to or use of this website or any other website linked to this website or the content, regardless of whether such loss or damages are based on warranty, contract, tort (including negligence), strict liability, products liability or other theories of liability, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages.
Penny Analytics is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
Penny Analytics assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of this website or your downloading of any materials, data, text, images, video or audio from this website.
Penny Analytics offers analytic services without warranty and is not responsible for how its analytic results are interpreted or used by its customers.
Penny Analytics holds customer data files for limited periods according to its published data retention policies. It stores these files securely and in compliance with generally accepted industry standards while using the infrastructure of trusted cloud providers. In addition, the company offers advice to customers on how to securely prepare data files that would otherwise contain personal or sensitive information and offers options in which deletion of customer data files is expedited. These options are called “tidy up” for files that are not part of an order, and the high volume/high security option for files that are part of an order. Penny Analytics assumes no liability for data losses or disclosure which a reasonable person could not have prevented.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Penny Analytics, its affiliates and related companies, and each of their respective directors, officers, employees, agents and representatives from and against all claims, liability, losses, damages, expenses, and costs, arising out of your use of this website or your breach of the Terms and Conditions.
Online Shopping Terms and Conditions
All orders and purchases made through this website are subject to the following:
You may only purchase or order items for lawful purposes and any other use is not permitted.
You must be 18 years of age or older to purchase from the website.
You agree to pay for all charges arising from orders made on your account.
You have no right to cancel an order once placed. This is because costly computer processing begins immediately upon receipt of an order.
You acknowledge that the service Penny Analytics provides can be trialled with very little risk via the free trial datasets available on the website or by submitting a small order.
File donation – by choosing this option you agree that your dataset is either public or, if it is private, you have the authority to donate it to Penny Analytics. You also agree that the file does not contain personal or sensitive information and you understand that once a file is donated, it becomes the property of Penny Analytics. Furthermore, the donation is irrevocable. At its sole discretion, Penny Analytics may reverse a file donation if this is requested within a month of the transaction, if the discount received is reimbursed, and an additional administration fee is paid.
Results file expiry – Results files are retained for one month as part of the company’s data retention and security policies. Penny Analytics documents this policy on the website, in its product pages and in customer emails. It is the responsibility of the customer to pick up their results within this timeframe. Results files are customized to each customer order, and are generated following costly computer processing, therefore payment is still due even if the customer does not pick up their results before expiry.
Penny Analytics reserves the right to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if Penny Analytics believes that customer conduct contravenes applicable law or is harmful to the interests of Penny Analytics or its representatives, agents, contractors, suppliers or licensees.
Penny Analytics will use commercially reasonable efforts to deliver items as quickly as possible and within its published service level; however, Penny Analytics will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, Penny Analytics will notify you as soon as possible. When delivery is delayed beyond its published service level, Penny Analytics may choose to cancel the order, or deliver the items free of charge.
Acceptable Use Policy
Security – You are prohibited from violating or attempting to violate the security of the Penny Analytics website, including, without limitation: (a) accessing data not intended for you, including logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks,overloading, “flooding”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any posting, (e) disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding Penny Analytics’s ability to monitor or make the website available, or (f) taking any action in order to obtain services to which the you are not entitled. Violations of system or network security may result in civil or criminal liability. Penny Analytics will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting you if you are involved in such violations.
Suspension or Termination – If Penny Analytics determines, in its sole discretion, that you are in violation of any provision of this Acceptable Use Policy, Penny Analytics may suspend or terminate your use or access to the Penny Analytics website without the notice to you. At all times, Penny Analytics shall have the discretion to take such action as Penny Analytics deems necessary, in its sole discretion, to preclude a violation, and Penny Analytics shall not be liable for any damages of any nature suffered by you or a third party resulting from Penny Analytics’s exercise of its rights under this Acceptable Use Policy.
Privacy Policy
See separate page
