DataPro Consulting Ltd, (“DataPro”, “we”, “us”, “our”) is an international network of data privacy specialists committed to data
protection and strengthening privacy and information security networks.

Why are they important?

It is important that you read and understand these Terms & Conditions.

Access to and use of this website, our services and/or digital products available through this website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms & Conditions”). By using the Services, you are agreeing to all of the Terms & Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes that we may have made.

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website, at our sole discretion.

These terms and conditions are to be construed in accordance with Jamaican law and as such any arising issues will be resolved by arbitration in accordance with the Arbitration Act of Jamaica.

Linked Sites

This website may contain links to other websites (the “Linked Sites”), which are not operated or controlled by DataPro. Since we have no control over these sites, we accept no responsibility or liability for them or for any loss or damage that may arise from your use of them.

Privacy Notice

You must not misuse this website or seek to commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene. We do not accept any unsolicited advertising or promotional material, commonly referred to as “spam”. Where your breach of this provision constitutes a criminal offence, DataPro will report any such breach to the relevant law enforcement authorities and disclose to them any relevant details we might have, including your personal data and IP address.

Viruses

Although DataPro operates a secure and compliant website, we will not be held liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Materials and Content

The copyright and intellectual property rights of all website content, products and services made available to you on or through this website remains the property of DataPro Consulting Limited and are protected by copyright laws and treaties around the world. All such rights are reserved by DataPro Consulting Limited and you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the materials or content (or copies thereof) supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise (unless by prior written authorisation).

Purchased product and/or documents are for use within your own organization to comply with your own legal, contactual and/or regulatory obligations and as such, you are only authorized to make amendments and adjustments to ensure that the content complies with your business, legal and regulatory requirements and to make the content bespoke to your organization, including corporate branding.

All such materials can be freely distributed within your own organization for sole business use and purposes and to comply with your own legal, contractual or regulatory obligations. However, content, documents or materials purchased from DataPro Consulting Limited (including textual similarities) are not authorized to be used for commercial gain or further a commercial agenda (including for consultation, publication to a website or hard copy, resale, alteration, training or 3rd party provision). 

All visitors to our website, users of our services and purchasers of our materials and documents are subject to our terms and conditions and must abide by the below terms:

• You may not use our site, content or materials for any unlawful purpose(s) or in any way that breaches any applicable local, national or international law or regulation.
•  You may not reproduce, duplicate, copy or resell any part of our site or purchased materials in a way that contravenes the terms and conditions stated here or in any way that breaches copyright or intellectual property right law.
• You may not use our documents (including their content) to inform or develop any product or service that is for commercial gain or extends to a third-party without the approved licence being in place.
• You may not use, damage or access any part of our site, network or servers on which materials, software, applications or equipment are stored.

• Instigating legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach. 
• Taking further legal action against you.
• Disclosing any such information to law enforcement authorities as we feel is necessary and appropriate.
• Reporting any suspected copyright or breach of our intellectual property rights to the relevant authorities. 
• Filing removal or takedown notices with the relevant domain registrar, hosting provider and/or Google search where content has been used, published or reproduced on a website.

The actions noted above are not limited and where applicable, DataPro Consulting Ltd will take alternate or further actions as deemed appropriate. We exclude any liability for actions taken with regards to breaches of our terms and conditions.

Consultant & Trainer Licence Scheme

If you intend to use any of our templates or materials as part of your service provision (including as reference material), you will be required to hold a licence with us. Any person or organization found to be using our documents or work product without prior written permission will be in breach of our terms and conditions and we will take legal action to protect our intellectual property and recoup lost revenue and damages.

Terms of Sale for Digital Products

By placing an order through this website, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

All products and services are provided in a digital format and are either available as an instant download, or are delivered by email after payment has been received. 

DataPro retains the right to refuse any order made and where payment has already been made, a full refund and refusal explanation will be provided. If your order is accepted, we will inform you by email and will confirm your order and provide you with a purchase order receipt.

When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods or services. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order using a debit/credit card, you will be able to instantly download your purchases from the website and will also receive an automated email confirming payment and containing a copy of the download link. Our Accounts Team will email an invoice to you shortly after your order has been processed.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any item which you have ordered, we will inform you of this as soon as possible and give you them option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid, you will receive a full refund.

(c) Payment

All digital products available on our website are provided on a payment up-front basis. Once you place your order, you will be given the option of making an immediate payment by debit or credit card, or in some instances, to make a bank transfer.

Only upon receipt of the full payment will your products be dispatched to you. 

For debit/credit card payments, DataPro will use a secure payment gateway which guarantees PCI compliance and a secure server transaction. Where customers choose to make payment via debit/credit card, your payment will be processed on our website, however all card details are processed directly with the payment gateway via a securelink and are not made available to DataPro Consulting Limited at any point. When providing your card details, the payment gateway acts as a joint controller and their terms and privacy policy will also apply.

(d) Receipt of Products/Services & Refunds

Once an order has been placed, accepted and paid for, any digital products will be made available. Once an order has been downloaded by the customer, we do not offer a refund on any product. We are happy to discuss any amendments that may need to be made, however with most of our products being in a digital format, once received by the customer, we have no way of retracting this product.

(e) Regulatory, Legal and Statutory Compliance

DataPro will make every effort to ensure that our products, information and website content is up-to-date and accurate. However, it is the purchaser’s overall responsibility to ensure that they are compliant with all regulatory, legal and statutory laws, regulations and guidelines as they apply to their business, sector and industry.

DataPro offers products and templates that have been developed to aid and complement an existing compliance and business document program and our products should not solely be relied upon to ensure complete compliance with regulatory and legal requirements. We will not be held liable for any organization who is deemed non-compliant where our products have been used without amendment and/or business suitability adjustments being made or without consultation with a lawyer or privacy professional.

(f) Updates 

DataPro will make every effort to stay ahead of the legislative, regulatory and industry updates, changes and additions that come under the services offered by us. However, it is your sole responsibility to ensure that the content of any documents are current, up-to-date and compliant.

Disclaimer of Liability

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, DataPro hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation: any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website.

Third party IP Disclaimer

Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with DataPro Consulting Limited and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to DataPro Consulting Limited, unless expressly stated.

Variation

DataPro Consulting Limited shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. These can be sent to [email protected].

Any business and/or individual purchasing and/or using any products or services supplied by DataPro Consulting Limited, is deemed to have read, understood and accepted our terms and conditions and agrees to take full responsibility for ensuring their compliance with all regulatory, legal and statutory laws and requirements.

The use of any DataPro product or service is intended as an aid to becoming and remaining compliant as opposed to being used as a ready-done or complete solution.

By purchasing any of our products, you are accepting our terms and conditions and acknowledge and agree that you are solely responsible for managing your business, for taking all decisions in respect of risk and/or compliance and other operational matters and for using your own judgment to consider whether or not to implement any or part of the products, guidance and information provided by DataPro Consulting Limited.