Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SELF-REGISTRATION TOOLKIT. BY ACCESSING OR USING THIS TOOLKIT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS TOOLKIT.
Design Privacy's Self-Registration Toolkit is intended to provide data controllers with the necessary tools and guidance to assist data controllers to prepare and compile their Registration Particulars for filing with the Office of the Information Commissioner. We do this by offering clear guidance, explainer videos, support materials, and step-by-step guided exercises.
Changes to these Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
The Self Registration Toolkit is a cloud-based application that enables Licensees to generate registration particulars for the purpose of compliance with the Data Protection Act. Subject to these Terms and Conditions, the creator of the DIY Self Registration Toolkit ("Licensor") grants to you ("Licensee") a non-exclusive, non-transferable license to use the Self Registration Toolkit solely for your own personal or business purposes.
The Licensee shall not (i) sell, rent, lease, sublicense or otherwise transfer the Self Registration Toolkit or any portion thereof to any third party; (ii) use the Self Registration Toolkit to provide services to third parties; (iii) copy, modify, or create derivative works based on the DIY Self Registration Toolkit; (iv) remove any copyright, trademark or other proprietary notices from the Self Registration Toolkit; or (v) reverse engineer, decompile or disassemble the Self Registration Toolkit, except to the extent that such activity is expressly permitted by applicable law.
DISCLAIMER OF WARRANTIES
THE SELF REGISTRATION TOOLKIT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SELF REGISTRATION TOOLKIT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
A. THE Licensee ACKNOWLEDGES AND AGREES THAT THE Licensor SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE Licensee’S USE OF THE SERVICES OR ANY OTHER MATTER RELATING TO THE SERVICES.
B. THE LICENSOR’S LIABILITY TO THE LICENSEE SHALL NOT EXCEED THE FEES PAID BY THE LICENSEE TO THE LICENSOR FOR THE SERVICES.
C. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Licensee shall indemnify, defend and hold harmless Licensor, its affiliates, officers, directors, employees, agents, and contractors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with Licensee's use of the Self Registration Toolkit, any breach of these Terms and Conditions by Licensee, or any violation of applicable law by Licensee.
The Self Registration Toolkit is designed to generate registration particulars for compliance with the Data Protection Act. However, Licensor does not guarantee the accuracy or sufficiency of the registration particulars that are generated by the Self Registration Toolkit as the output is dependent on the information that is inputted by the Licensee. It is the sole responsibility of the Licensee to ensure that the registration particulars are accurate reflect the personal data being processed within its organization and are sufficient for compliance with the Data Protection Act.
TERM AND TERMINATION
These Terms and Conditions shall remain in effect until terminated by either party. Licensee may terminate these Terms and Conditions at any time by ceasing to use the Self Registration Toolkit. Licensor may terminate these Terms and Conditions at any time without notice in the event of Licensee's breach of these Terms and Conditions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Jamaica. Any dispute arising out of or relating to these Terms and Conditions or the Service shall be submitted to the exclusive jurisdiction of the Parish Courts of Jamaica.
Intellectual Property Rights
a. The Licensor retains all right, title, and interest in and to the Services, including all intellectual property rights therein.
b. The Licensee acknowledges that the Licensor’s technology, software, and all materials used to provide the Services are proprietary and constitute valuable intellectual property rights of the Licensor and its licensors.
c. The Licensee shall not copy, reproduce, distribute, or create derivative works from any part of the Services or the Licensor’s intellectual property without the Licensor’s express prior written consent.
Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in [City/State] and conducted in the English language.
a. These Terms and Conditions constitute the entire agreement between the Licensee and the Licensor with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the Licensee and the Licensor.
b. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
c. The failure of the Licensor to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
d. The Licensee may not assign these Terms and Conditions or any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the Licensor.
e. The Licensor may assign these Terms and Conditions or any of its rights or obligations hereunder without the Licensee’s consent.
f. These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
g. The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions.
By clicking the “I Agree” button, the Licensee acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.