Terms of use
Last Updated on 12/02/2023
Welcome to our website (https://scubadata.co.uk/) and the services provided by our company ("ScubaData", "Company", "we", "us", or "our"). These terms of use (the "Terms") govern your use of the website and the services provided by our Company (the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1.0 User Account and Registration
1.1 In order to access certain features of our Services, you will be required to register for an account. During the registration process, you will be required to provide certain personal information, such as your email address and a password. You agree to provide accurate and complete registration information, and to update your information as needed to keep it accurate and complete.
1.2 You are responsible for maintaining the confidentiality of your account and password, and are responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your account or password, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this requirement.
1.3 By registering for an account, you represent that you are at least 18 years of age and have the legal capacity to enter into a contract.
2.0 Use of Services
2.1 You are responsible for your use of the Services and for any content you provide, including compliance with applicable laws, rules, and regulations.
2.2 You may only access the Services through the interfaces provided by us and may not access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers.
2.3 You shall not, and shall not permit anyone else to, either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services, including without limitation any User Content, that:
• Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
• You know is false, misleading, untruthful or inaccurate;
• Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, or tortious;
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Interferes with or disrupts the Services or servers or networks connected to the Services, or disobeys any requirements, procedures, policies or regulations of networks connected to the Services;
• "Crawls," "scrapes," or "spiders" any page, data or portion of or relating to the Services or Content (through use of manual or automated means);
• Copies or stores any significant portion of the Content;
• Decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
3.0 Prohibited Activities
3.1 You agree not to engage in any of the following prohibited activities:
• Using the Services for any illegal purpose or in violation of any local, state, national, or international laws;
• Tampering with, or hacking into, the Services or any associated servers or systems;
• Transmitting any viruses, malware, or other malicious code through the Services;
• Attempting to gain unauthorised access to any other user's account or personal information;
• Stalking or harassing any other user of the Services;
• Attempting to circumvent any security or access controls of the Services;
• Using any automated means to access or use the Services, such as scripts or bots, unless through an official API or integration that is specified by the Company;
• Selling, licensing, or in any way commercialising the Services or any information or materials provided through the Services;
• Collecting or harvesting any personal information from the Services, including without limitation, any user's account information, without their express consent;
• Using the Services to advertise or promote any goods or services, or to solicit any users of the Services to purchase any goods or services;
• Using the Services to promote or provide instructional information about illegal activities;
• Using the Services to promote physical harm or injury against any group or individual;
• Using the Services to promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Attempting to interfere with the proper functioning of the Services or any other user's use of the Services.
3.2 Any violations of these prohibited activities may result in the termination of your account and may also be reported to the relevant authorities.
4.0 Intellectual Property
4.1 The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 You are granted a limited, non-exclusive, non-transferable, and revocable licence for your business to access and use the Services solely for the internal operations of your business. You may not use any content or materials on the Services for any commercial purpose without our express written consent. The licence is subject to the terms and conditions of this Agreement and any additional terms provided by the provider of the Services. The licence may be revoked at any time for any reason, at the sole discretion of the provider of the Services. You acknowledge that the Services are provided for your business's internal operations only and not for any commercial purpose, and that you will use the Services in accordance with this Agreement and any applicable laws and regulations.
4.3 The Company's trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Services are the registered and unregistered Trademarks of the Company and its licensors. You may not use these Trademarks without our prior written consent.
5.0 Payment and Credits
5.1 Our Services may require the purchase of credits in order to access certain features or functionality. Credits can be purchased through the website via Stripe or through other means as designated by the Company.
5.2 All payments for credits must be made through the designated payment methods provided by the Company and are non-refundable.
5.3 Credits have no cash value and are non-transferable. They can only be used to access the features and functionality of the Services as determined by the Company.
5.4 The Company reserves the right to change the price of credits or the features and functionality that can be accessed with credits at any time and without notice.
5.5 If your account is inactive for a certain period of time as determined by the Company, any unused credits in your account may expire and be forfeited.
5.6 The company will not be liable for any loss or damage arising from your failure to comply with this requirement.
5.7 Any credits that have been used to access the services will not be refunded or credited back in any way.
5.8 The company has the right to cancel any credits if it finds that it has been obtained fraudulently or in violation of the company's terms of use.
5.9 VAT may be added to the price of the credits as required by UK law.
6.0 Third-Party Websites and Content
6.1 Our Services may contain links to third-party websites or content ("Third-Party Websites") as a convenience to you. We do not control, endorse, or assume responsibility for any Third-Party Websites or their content.
6.2 You agree that your use of Third-Party Websites is at your own risk and that we are not responsible or liable for any loss or damage of any kind incurred as a result of your use of any Third-Party Websites.
6.3 We encourage you to review the terms of use and privacy policy of any Third-Party Websites you visit.
6.4 Any third-party content, services or link to other websites, are provided as is and we will not be liable for any loss or damage of any kind incurred as a result of your use of any third-party content or services.
6.5 Our Services may also contain third-party content, such as advertisements, that is not owned or controlled by the Company. The Company does not endorse or assume responsibility for any third-party content and you agree that the Company will not be liable for any loss or damage of any kind incurred as a result of your use of any third-party content.
7.0 Site Management
7.1 We reserve the right, but do not have the obligation, to:
• monitor the Services for violations of these Terms;
• take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, reporting such user to law enforcement authorities;
• in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's contribution or any portion thereof that may violate these Terms or any applicable law or regulation;
• remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
• otherwise manage the Services in a manner designed to protect the rights and property of the Company and others and to facilitate the proper functioning of the Services.
7.2 We do not guarantee that the Services will be secure or free from bugs or viruses.
7.3 You are responsible for configuring your information technology, computer programs and platform in order to access the Services. You should use your own virus protection software.
7.4 We may temporarily or permanently terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason.
8.0 Submissions
8.1 Our Services may allow you to submit content, such as comments, feedback, or other information ("Submissions").
8.2 You retain ownership of any Submissions you make, but by submitting content to the Services, you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, and perpetual licence to use, reproduce, distribute, display, and perform your Submissions in connection with the Services and our business.
8.3 You warrant that you have the right to make the Submissions and that they do not infringe any intellectual property rights or other rights of any third party.
8.4 We reserve the right to edit, remove, or refuse to publish any Submissions at our sole discretion.
8.5 You are solely responsible for your Submissions and the consequences of posting or publishing them.
8.6 By submitting content, you agree not to submit any content that is illegal, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that would constitute or encourage a criminal offence, violate the rights of any party, or give rise to liability or violate any law.
9.0 Termination
9.1 We reserve the right, in our sole discretion, to terminate or suspend your access to all or any part of the Services at any time, with or without notice and with or without cause.
9.2 Upon termination of your account, your right to use the Services will immediately cease.
10.0 Disclaimer of Warranties
10.1 The Services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included on the Services.
10.2 We do not warrant that the Services will be uninterrupted or error-free, and we will not be liable for any interruptions or errors.
11.0 Limitation of Liability
11.1 The Company will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the Services; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, 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.
11.2 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
12.0 Indemnification
12.1 You agree to indemnify, defend, and hold us and our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable solicitors' fees) arising out of or relating to your violation of these Terms or your use of the Services.
13.0 Modification of Terms
13.1 The Company reserves the right to modify these Terms at any time, and will provide notice of any significant changes through the Services or by other means. Your continued use of the Services following any changes to these Terms will be deemed acceptance of those changes.
14.0 Dispute Resolution
14.1 Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the British Arbitration Association. Any arbitration shall take place in London, England.
14.2 The parties shall select an arbitrator mutually acceptable to both parties. In the event the parties are unable to agree on an arbitrator within 30 days of the initiation of arbitration, the British Arbitration Association shall select the arbitrator.
14.3 The arbitrator shall have the authority to grant any remedy or relief that a court of competent jurisdiction could grant, including, but not limited to, the award of damages and costs.
15.0 Data Protection
15.1 We take the protection of your personal data seriously. Our Privacy Policy, found at scubadata.co.uk/legal/privacy, explains how we collect, use, and disclose information that pertains to your privacy. By using the Services, you acknowledge that you have read and understand our Privacy Policy, and you consent to our collection, use, and disclosure of your personal data in accordance with our Privacy Policy.
15.2 We will comply with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR), when handling your personal data.
15.3 We will implement and maintain appropriate technical and organisational measures to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to your personal data.
15.4 You have the right to request access to and rectification or erasure of your personal data, as well as the right to data portability. You also have the right to object to and restrict the processing of your personal data. If you wish to exercise any of these rights, please contact us at contact@scubadata..co.uk.
16.0 Governing Law
16.1 These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
17.0 Contact Us
17.1 If you have any questions about these Terms, please contact us at contact@scubadata.co.uk.
