Data Bear – Power BI Training and Consulting

Call us Today! (020) 8720 6880 | info@databear.com

Terms and Conditions of Use

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Data Bear Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Data Bear Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Data Bear Limited and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded by Users, is the property of Data Bear Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
  2. You may, for your own personal, non-commercial use only, do the following:
    1. retrieve, display and view the Content on a computer screen
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Data Bear Limited.

Prohibited use

  1. You may not use the Website for any of the following purposes:
    1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
    2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to other websites

  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Data Bear Limited or that of our affiliates.
  2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
  3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Policy

  1. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://databear.com/privacy-policy/

Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that Data Bear Limited makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Data Bear Limited is under no obligation to update information on the Website.
  2. Whilst Data Bear Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  3. Data Bear Limited accepts no liability for any disruption or non-availability of the Website.
  4. Data Bear Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  3. To the maximum extent permitted by law, Data Bear Limited accepts no liability for any of the following:
    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    2. loss or corruption of any data, database or software;
    3. any special, indirect or consequential loss or damage.

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  3. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  7. These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.

Data Bear Limited details

  1. Data Bear Limited is a company incorporated in England and Wales with registered number 09990640 whose registered address is 27 Old Gloucester Street, London, WC1N 3AX and it operates the Website https://databear.com.

You can contact Data Bear Limited by email on info@databear.com.


Questions/Contact: If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Data Bear Service, please contact us at: info@databear.com


General Terms and Conditions for Training Services

1.         Subject matter, conclusion of the contract

1.1.      These general terms and conditions of business apply for all training programs delivered by Data Bear LTD (subsequently referred to as Data Bear).

1.2.      Only these general terms and conditions of business apply. Terms and conditions of business of those receiving training (subsequently referred to as participant) do not apply, even if not explicitly stated by Data Bear. The terms and conditions presented in this document also apply if Data Bear knowingly renders services due that are in conflict with the participant’s terms and conditions of business.

1.3.      Participants must register in advance to take part in Data Bear trainings. Registration consists of filling out a form for direct invoicing or book directly via email.

2.         Conducting training

2.1.      Data Bear is responsible for conducting training or for contracting a third party to conduct training and is free to choose any consultant for such purposes insofar that such consultant has the necessary education and skills to provide such training. Data Bear is entitled to transfer the duties of the contract to a third party to perform provided that Data Bear remains primarily responsible for the performance of any such subcontracted training Services. and to change the contents of training sessions as long as the objective of the training is not compromised. Data Bear may cancel training, change the date or time of training, or designate the training location with advance notice.

2.2.      Data Bear will use its best endeavours to provide the participant with all important knowledge during training sessions, as per the training plan and the current training documents as agreed with participant’s employer.

2.3.      Data Bear will conduct training on its own premises, on the participant’s premises, or at another mutually agreed upon location. Training is to be conducted during the dates specified by Data Bear in the quote and confirmed by the participant’s employer in writing.

2.4.      If training takes place on Data Bear premises, Data Bear will provide each participant with a desk and the necessary documents. Participants are responsible for incidental expenses (travel, accommodation, additional meals, etc.).

2.5.      If training takes place on the participant’s premises, the participant’s employer will provide the infrastructure necessary for training especially desks and a projector or a TV monitor for screen sharing and is responsible for obtaining Internet connections if required. If any such equipment is required, Data Bear will notify the participant’s employer in advance in writing.

2.6.      If the training is conducted online, the participant should join the online training event with access to a section screen or monitor and need to have a working microphone. Web cameras are not required. The participant is responsible for their own internet connection.

2.7.      For all types of training, participants need to provide their own devices (laptops) which meet the minimum resource requirements to run any software required as instructed within the pre-training requirements provided beforehand for each training course.

2.8.      Participants are responsible for ensuring all required software is pre-installed on their device before the date of the training event.

2.9.      Data Bear will provide the participant, for the duration of the course, access to their cloud environment. All files stored by the client in the Data Bear cloud environment will be deleted after the course is completed.

3.         Compensation and terms of payment

3.1.      Costs covered by the participant’s employer will include additional sales tax as required by law. The training costs are set out in the price list in effect at the time of booking the training course. Data Bear will provide confirmation of the charges applicable at the time of booking.

3.2.      All undisputed fees are due upon receipt of an invoice and must be paid in full within 30 days. Sales tax as required by law will be added to all prices and indicated on the invoice.

3.3.      In the event of payment is made after the due date of any undisputed amounts, a statutory reminder charge and interest on arrears shall be applicable of 10% per annum will be charged.

3.4.      The participant is in default if he/she does not pay following receipt of a reminder sent by Data Bear once the due date has been reached. The legal regulation, which automatically takes effect 30 days after default on an invoice, remains valid.

3.5.      To finalize bookings, either a purchase order or a 50% deposit is required.

4.         Termination by Data Bear

4.1.      Data Bear is entitled to terminate this contract if excess or insufficient registration cannot guarantee proper or economically feasible training or certification. Data Bear is also entitled to terminate the contract due to instructor illness, technical reasons, or other reasons beyond Data Bear’s control.

4.2.      Before exercising this right to termination, Data Bear will make every effort to reschedule training with the participant’s consent. In case of rescheduling, the contract will remain in effect and will be amended with the consent of both parties. If the parties cannot agree on the amendment to the contract, the contract will be terminated, and any fees paid by the participant will be reimbursed.

5.         Termination by the participant

5.1.      If the participant is unable to attend, the participant is entitled to designate another representative from his/her company to participate in the training or certification before the training begins. The participant will incur no additional costs.

5.2.      The participant is entitled to terminate the contract via written notice at any time.

5.3.      Upon termination of the contract by the participant as stated in clause 5.2., the participant will have to incur an administrative fee of 10% of the fees paid for training course and will thus be reimbursed 90% of the paid fees if Data Bear receives notice of termination on or before the 10th business day before the first day of training. The participant must pay 100% of the agreed costs if he/she terminates the contract (9) nine days before the first day of training and will thus not be reimbursed for the fees paid for the training course.

5.4.      If the participant wishes to change the training date set in the contract without cancelling the entire contract, Data Bear must receive written notice at least (10) ten business days before the first day of training. The participant will incur no additional costs, and the contract will be amended with consent of both parties. If Data Bear receives such notice within (10) ten business days of the first day of training, the participant must pay Data Bear 50% of the agreed upon costs as a processing fee.

5.5.      Rights to further claims are reserved by Data Bear. This especially concerns cancellation costs for travel already booked to the participant’s premises or to any other agreed-upon location already incurred and Data Bear is under an obligation to mitigate its losses as to ensure that the participant liability is kept to a minimum under this clause 5.5.

6.         Right to training documents

6.1.      All training documents are intended for the exclusive personal use of the participant.

6.2.      The participant recognizes Data Bear’s copyright and therefore the exclusive distribution rights and right of use of training documents.

6.3.      Data Bear gives the participant the single and non-transferable right to use training documents for purposes stipulated in the course description.

6.4.      The participant may not conduct any internal or external training or certification exams on Data Bear products.

7.         Liability

7.1.      Data Bear is only liable to the participant, regardless of legal grounds, for wilful misconduct or gross negligence on the part of Data Bear itself or its employees.

7.2.      Maximum liability under these clauses is set to the fees paid by the participant to Data Bear for the training course.

7.3.      Contractual claims for damages by the participant against Data Bear are subject to a limitation period of six months from the date on which the right arose, notwithstanding shorter legal limitation periods.

7.4.      Due to the current technology, access to the server with teaching materials cannot be guaranteed at all times. Data Bear is not liable if access is not available for short periods of time.

7.5.      Data Bear does not exclude or limit liability for: (a) death or personal injury caused by its negligence; or (b) any fraudulent misrepresentation on the part of Data Bear; or (c) any other liability that cannot be excluded by law.

7.6.      Neither party shall be liable to the other for any indirect, special, exemplary, incidental or consequential damage, whether based on contract, tort, strict liability or any other legal theory, howsoever caused and whether such loss or damage was foreseeable, known, foreseen, or the party was advised of the possibility of such damage.

8.         Other

8.1.      The participant must obtain prior written permission from Data Bear to transfer all rights stipulated in the contract.

8.2.      The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

8.3.      Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).

8.4.      Changes and supplements to these terms and particularly warranties and agreements must be specified in writing to serve as point in controversy. Oral agreements are not valid.

8.5.      The relationship of Data Bear to the participant is that of an independent contractor and shall not be deemed to create a partnership or joint venture or employment agreement by or between the participant and Data Bear (or its personnel/contractors/agents). Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.

9.         Participant Data

9.1.      As between the parties, the Participant shall own all right, title, and interest in and to all the Participant Data.

9.2.      The Participant grants Data Bear an irrevocable, unlimited, and royalty-free license to use the Participant Data provided to Data Bear for the purposes of providing the training.

9.3.      Each party warrants that for the purposes of this Agreement it:

9.3.1.   shall comply with the provisions of the Data Protection Legislation, including without limitation that it:

9.3.1.1.            shall use Personal Data in accordance with the permissions or consents obtained from the data subjects (as defined in the Data Protection Legislation) or otherwise in accordance with the Data Protection Legislation;

9.3.1.2.            shall communicate to the other party the terms of any permissions or consents obtained from the data subjects;

9.3.1.3.            shall have in place appropriate technical and organizational security measures against unauthorized or unlawful Processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data and shall take all reasonable steps to ensure the reliability of its personnel who have access to such Personal Data and to impose obligations of confidentiality upon such personnel and to ensure that such personnel are aware of their responsibilities under the Data Protection Legislation;

9.3.1.4.            shall comply with any request or notice it receives from a data subject in its capacity as a data controller;

9.3.2.   shall upon request provide such assistance as is reasonably necessary to the other party to enable that party to comply with its obligations as a data controller (as defined in the Data Protection Legislation);

9.3.3.   shall inform the other party as soon as reasonably practicable of the discovery of any actual or suspected data-breach relating to the Processing of Personal Data in connection with this Agreement;

9.3.4.   shall, except to the extent prohibited by applicable law, inform the other party upon receipt of a complaint from a data subject or if approached by any regulatory body in connection with its compliance with the Data Protection Legislation in connection with this Agreement;

9.3.5.   shall, except to the extent prohibited by applicable law, consult the other party in good faith as to the timing, manner, and content of any response to a complaint from a data subject or approach by any Regulatory Body in connection with compliance with the Data Protection Legislation in connection with the Agreement.

10.       Warranty

10.1.    Data Bear represents and warrants to the participant that (i) it has the right to perform the training services in accordance with the terms of this Agreement; and (ii) it will perform the training services in accordance with customary industry standards.

11.       Confidentiality

11.1.    The parties shall use all documents, information, and data they receive that are designated as “confidential” or “proprietary” or would reasonably be assumed to be confidential based on their content or the context surrounding their disclosure. The parties shall treat documents and information as confidential and not disclose them to any third parties that are not involved in the performance of training services. These obligations shall remain in force even after expiration or termination of the Agreement.

11.2.    Confidential information does not include information that: (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records immediately prior to the time of disclosure; (iv) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; or (v) is independently developed by the receiving party without use of or reference to the disclosing party’s confidential information, as shown by documents and other competent evidence in the receiving party’s possession.

11.3.    Either party will not be restricted from disclosing confidential information of the other party: (a) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to contest such order or requirement, unless prohibited by applicable law; and (b) on a confidential basis to its legal or financial advisors.