Terms & Conditions | DATAbrill

Terms and conditions of use

  1. These Terms of Use govern the use of the website https://databrill.com (referred to as the ‘Website’) which is owned and managed by DataBrill Ltd, a company incorporated in England with a registered office at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ 1JU and a company registration number of 11263995 (referred to as the ‘Company’).
  2. Within these Terms of Use ‘you’ or ‘your’ refers to the user or viewer of the website.
  3. It is important that there is an agreement for the Terms and conditions upon which you use and have access to the Website because you are downloading the Company’s intellectual property which in law means there needs to be a license and these terms and conditions make that license and includes any limitations and restrictions.
  4. If you do not accept or disagree with any part of these Terms of Use or the Privacy Policy, or if it would be illegal under the Laws of the country from where you gain access, then you must not use this Website. If you continue to use the Website then you will be deemed to have given your agreement to these Terms of Use.
  5. The Company may revise these Terms of Use from time-to-time. Any revision or amendment will apply to the use of the Website from the date of publication and you should check this page regularly to ensure that you are familiar with and accept the current version.
  6. Access to the Website is provided free of charge, notwithstanding that your connection to the internet is subject to fees from Your internet service provider.
  7. All visitors to the Website can contribute towards ensuring everyone’s experience and use of this Website is safe, pleasant, and hassle-free. The Company encourage you to report any miss-use of the Website; or a breach of these Terms of Use; or any difficulties in accessing or navigating around the Website
  8. Viewing the Website does not create any obligation upon you to use any services offered by the Company, nor the Company to provide any services. Any services promoted within the Website are subject to additional terms and conditions.
  9. The Company grants you a conditional, royalty free, non-exclusive license to download, view and print pages from this Website for your own use only.
  10. All intellectual property, which includes patents, copyright (in the design, images, graphics, text, source code, scripts and software) trademarks, service marks, trade, business and domain names, is owned by or licensed to the Company and is protected under UK laws and worldwide treaties; not limited to rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets), rights to inventions and utility models.
  11. Any Trademarks within this Website which are not the property of, or licensed to the Company are recognised, acknowledged, and respected.
  12. The Company takes care to show the content as accurately as possible, however colours, shapes, layout, design, images etc can be distorted during the downloading, reproduction or reconstruction of the Website by the device you use for access, also individual manufacturer or personal user settings of your device affect how the Website is displayed, the Company cannot guarantee the colour, shade, shape, size or any other visual aspect is an exact match with the image on the Website.
  13. The content, specifications, availability, design, layout, scheme, or theme are subject to change without notice and provided without warranty that they are accurate or error free.
  14. You agree not to;
  • a) republish, redistribute, reproduce, duplicate, copy, translate, transmit, broadcast, sell, rent or sub-license or otherwise use material from this Website, including use or publication on another website without the Company’s express written consent;
  • b) frame or embed any part of the Website on other websites without the Company’s express written permission;
  • c) use any material from the Website for a commercial purpose;
  • d) attempt to edit, modify, amend, disassemble, or decompile any material on the Website;
  • e) conduct any data collection (whether automated or not) including but not limited to data scraping, data mining, data extracting and data harvesting without express permission;
  • f) access the Website in any way that causes, or may cause, damage to the Website or its hosting servers or networks; impairs or interferes with of the availability or accessibility of the Website; is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • g) disrupt the normal flow of data in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Website;

  15. The Website includes a function where visitors may use an Amazon Keyword Analysis tool for Amazon sellers to collate data which allow the visitor to analyse and assess the effectiveness of their keywords. This tool is provided free of charge and without warranty or guarantee of any kind, whether express or implied and a user unconditionally indemnifies the Company, on a full indemnity basis, in accordance with paragraph 19 of these Terms of Use.

  16. Users must not use the Amazon Keyword Analysis tool to

  • a) do anything that is not permitted within the website terms of use or Amazon terms and conditions of services;
  • b) access or attempt to access any Amazon account which the user does not own or control;
  • c) impersonate any person or entity;
  • d) make any false statements or misrepresentations;
  • e) forge otherwise manipulate online identifiers to disguise the origin or geographical location from where access is obtained;
  • f) infringe upon any patent, trademark, trade secret, copyright, right of privacy or other proprietary rights of any party;
  • g) assist in anyway the publishing of any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of commercial solicitation;
  • h) upload, transmit or link to software viruses or any other malicious computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer, device, software or hardware or telecommunications equipment;
  • i) interfere with or disrupt the Website, its servers, networks, or flow of data;
  • j) Intentionally or unintentionally violate any applicable laws or regulations;

  17. The Company operates a zero tolerance policy for any misuse or breach of the Amazon Keyword Analysis tool and may, using any resources available, including technical or legal to remove any persons ability to access the Website or terminate any contract under which the user access the Company’s services, software or apps, and shall not hesitate to report misuse to an appropriate authority.

  18. The Company may recover any costs, expenses or losses incurred as a result of any misuse or abuse of the Website or networks including but not limited to costs incurred for cleaning the Website or removing content, administration, representations or attendance with authorities, legal fees and use of third party representation.

  19. The Company’s liability to you in relation to your use of the Website or under or in connection with these Terms of Use, whether under law, regulation, code, rule, contract, tort (including negligence), warranty or otherwise; for any loss damage of any nature, irrespective of the basis behind a claim including (but not limited to) to the extent that:

a) the Company will make all reasonable endeavours to maintain continuous access to the Website, however availability may be interrupted as a result of routine, periodic or necessary, maintenance and repairs; updates and upgrades to the underlying software and equipment used to make the Website accessible via the internet; maintaining security; keeping up with technological advances.

b) technology and equipment can function incorrectly or fail to function at all, the operation and availability of the Website or the flow of data may be interrupted or interfered with beyond the Company’s reasonable control.

c) the transmission of data through the internet is inherently insecure, the Company will use every reasonable endeavour to ensure the integrity and security of the Website and equipment but cannot guarantee that the Website has not been accessed or interfered with by a third party or malicious software or that the data you receive or send has not been misrouted. You should provide your own security software on the device you use the access the Website and the compatibility, effectiveness and updating of that software is your sole responsibility.

d) access to the Website may also be limited, restricted or denied as a result of a Force Majeure event (beyond the Company’s reasonable control) or conditions which do not arise as a result of a breach of a duty of care or negligence, including but not limited to adverse weather, war, terrorism, strikes, fires, floods, pandemics, epidemics, governmental restrictions, power or network failures, failure of suppliers, sub-contractors or carriers.

e) the Company does not know the software or apps that are installed on the device you use to access the Website is not able to guarantee that the Website is compatible with any third party scripts, code, software or apps that you upload or install on your device;

  20. Nothing in these Terms of Use (or elsewhere on the Website) will exclude or limit the Company’s liability for fraud, for death or personal injury caused by the Company’s negligence, or for any other liability which cannot be excluded or limited under applicable law.

  21. A person or company who is not party to these terms of use shall not have any rights, benefits, or obligations under the Contract (Rights of Third Parties) Act 1999

  22. If any provision of these terms of use is held invalid or unenforceable by a Court of competent jurisdiction, the remaining provisions will remain in full force and effect.

  23. No forbearance or delay in enforcing these Terms and conditions or any other legal right shall prejudice, restrict, interfere, or otherwise diversely affect the right to enforce those Terms at a later time or for a subsequent breach.

  24. These Terms of Use are constructed and governed in accordance with English Law and only available in the English language, the courts of England and Wales have exclusive jurisdiction to adjudicate and provide determinations on any dispute arising from or in relation to them.