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Terms & Conditions

In these terms and conditions, the following words and expressions have the meanings set out below, unless the context requires otherwise:

  • ‘Agreements’ means the contract between you and us based on these Terms.
  • ‘Data’ means the collection of gaming-related data fields on the Database and all or any information provided to you in the provision of the Services, including any part thereof.
  • ‘GamingData555’ refers to GamingData555 for the supply of Data between a Data Supplier and you, where required.
  • ‘Database’ means the data files of gaming-related Data compiled by us, obtained by us, or provided by a Data Supplier.
  • ‘Gaming Data Services’ means the services related to gaming data as set out in any proposal or quotation for data services, including without limitation the following services:
    • ‘Data Authentic’ means work carried out by us to improve the quality of your gaming data.
    • ‘Data Intelligence’ means work carried out by us to provide insights into the makeup, profile, and importance of specific segments of your gaming database or any part thereof.
    • ‘Data Supply’ means the supply of Data using the Database.
  • ‘Data Supplier’ means any third-party or marketing network that supplies gaming data to us.
  • ‘Direct Marketing’ means any form of marketing targeted at the end user data for gaming-related services, including but not limited to telephone sales, direct mail, or market research.
  • ‘Material’ means any media (such as CDs, tapes, documents, or other formats) supplied by us containing gaming data and other related information.
  • ‘Services’ means the Gaming Data Services and the Data Supply or either of them, depending on the context.
  • ‘Terms’ means these terms and conditions.
  • ‘Third Party’ means any individual, partnership, body corporate, or other organization, including employees, principals, agents, clients, or associated companies of you or us.
  • ‘we’ or ‘us’ refers to GamingData555.
  • ‘you’ refers to the client (the entity using the gaming data).

2. AGREEMENTS

  • Any order, confirmation, authority, or approval made by you will be subject to these Terms, to the exclusion of any other terms or conditions which you may seek to impose.
  • No order placed by you is accepted by us until we confirm it in writing. If you place an order after receiving a quotation, you should sign and return a copy of the quotation within 30 days.
  • We are not bound by any statements made before the formation of these Agreements regarding the Data Services or Data Supply. You acknowledge that you have not relied upon any such statements.
  • We are not bound by any variations, special terms, or cancellations except where we provide written consent.

3. RESOURCES

  • We will provide the necessary resources for the provision of the Services. You agree to make available your staff or other resources to ensure that we can meet our obligations effectively.
  • You will appoint a single point of contact (an individual or authorized representative) responsible for managing the relationship between you and us. We will take instructions from this individual, and you agree to be bound by their decisions.

4. APPROVALS, AUTHORITY, AND AMENDMENTS

  • The provision of the Services will be discussed and recorded in Contact Reports, which will be deemed accurate unless you object within 48 hours of delivery.
  • If you request the cancellation or amendment of work in progress, we will comply to the extent possible, but you may be required to reimburse us for any committed charges or expenses.

5. PAYMENT

  • The price for the Data Services and/or Data Supply is as specified in our proposal or quotation.
  • Unless otherwise stated, payment is due 30 days after the invoice date. Late payments will incur a credit charge of 2% per month on overdue balances.
  • Failure to make payment will allow us to refuse further Services without liability.

6. DELIVERY

  • Delivery timelines are not considered of the essence unless otherwise agreed in writing.
  • Any issues with the Data or Material (e.g., errors or shortages) must be reported within 7 days of delivery, and any issues with Services within 14 days.

7. RISK

  • If you deliver gaming-related data to us, you bear the risk and responsibility for the costs associated with delivery, insurance, and packaging.
  • You warrant that the data is free from viruses, worms, Trojan horses, or other malicious software before delivery to us.

8. INTELLECTUAL PROPERTY RIGHTS

  • All intellectual property rights in the Data, Database, and related programs remain our property or the property of the Data Suppliers.
  • You acknowledge the rights of the Data Supplier over the data and agree not to use the data outside the specified scope.

9. CONFIDENTIALITY

  • We acknowledge a duty not to disclose confidential information, including customer data, studies, or surveys commissioned by you, except as required for the provision of Services.
  • You agree not to disclose any confidential information or materials provided by us without prior written consent.

10. RESTRICTIONS

  • You may not use the Data for any product or service that competes with our products or services, or those of our Data Suppliers. Specifically, the Data cannot be used for publishing directories or providing telephone directory services.
  • You may use the Data solely for Direct Marketing purposes, and not resell or redistribute it for any other purpose.

11. LICENSING AND USE OF INFORMATION

  • You warrant that the purpose for which the Data and Services are used is in accordance with the agreed terms. Unauthorized use will result in additional charges at the full applicable rate.

12. WARRANTY

  • We warrant that the Services will be provided professionally. For data delivered via disk or tape, we guarantee it will be free from material defects for 90 days. Any defective Data will be replaced at no charge, provided it is returned to us within the 90-day period.
  • We are not liable for defects caused by misuse, wear and tear, or failure to follow instructions.

13. TERMINATION

  • We reserve the right to suspend all further deliveries of Services if you breach any part of these Agreements and fail to remedy the breach within 30 days of written notice.

14. LAW AND JURISDICTION

  • These Agreements are governed by and interpreted in accordance with English law. The parties agree that disputes will be heard in the courts of Delhi, India, which have non-exclusive jurisdiction.