Website's Terms of Use and Privacy Policy
These terms set out the basis upon which you may use this website, information about the copyright in this website and our privacy policy, which describes what we do with personal information we collect from you and the ways in which we may collect the information.
Access Terms
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The purpose of this website is to provide information about Thabata Romanowski trading as Data Rocks.
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Data Rocks is not responsible if you rely on any information you access on or through this website.Data Rocks is also not responsible for information provided by third parties that you may access on or through this website.
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We do not warrant or represent that our website will operate in a continuous or fault-free basis, will be completely secure or private all of the time, or will be free from viruses or other harmful features.However, we do take reasonable steps to avoid or mitigate these types of issues.
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The laws of New Zealand apply to the use of this website, and you submit to the non-exclusive jurisdiction of the Courts of New Zealand.
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If you continue to use our website you are deemed to have accepted these terms.
Copyright Statement
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Data Rocks either owns the copyright in or has the right to use all text and images published on this website, and its overall design.
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You may download and print out any part of this website for your own personal use.However, you may not otherwise copy or use any information or material from this website (including for commercial purposes) without the express written permission of Data Rocks.
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We only permit electronic links to pages of this website from which these terms can be accessed. You may not provide an electronic link to any other page of this website or to any other documents hosted on this website without our consent. We reserve the right to request that you remove an electronic link to this website at any time and you agree to remove such a link immediately.
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Where access to restricted parts of this website is subject to more specific terms, those terms apply instead.
Privacy Policy
Collection of information
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We may collect information from you through your use of our website when you request information from us or engage our services or purchase products.
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By using any of our services, including our website, and providing us with any personal information, you are consenting to the use of your personal information as set out in this policy.Please do not send us any personal information if you do not want it to be used in this way.
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A number of areas on our website invite you to provide us with personal information.For example, your names and email address.The purpose of the information collection is apparent at the point that you provide your personal information.
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If you sign up to receive a Data Rocks newsletter you agree to receive information relating to Data Rocks.You can unsubscribe from our newsletter mailing list at any time.
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The Data Rocks website uses server logs and web analytic tools (such as cookies and other tracking technologies).Cookies are small text files that are downloaded to your device by websites you visit.When you use this website these tools collect information such as what browser and operating system you use, the internet protocol address of the device you have used to access the website, search terms, your location and what content you view when visiting our website.Cookies do not give us access to your computer or any information about you other than the data you choose to share with us.
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You consent to and understand that your personal information may be transferred, processed and stored outside of New Zealand if our website is hosted outside New Zealand.
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You can set your browser to block all cookies, including cookies associated with our website, or to indicate when a cookie is being set by us.If you do set your browser to reject cookies you may not be able to access all the features of the website.
Third party providers - Analytics
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We may use third party Service Providers to assist us to analyse how our website is used.These Service Providers have access to your personal information only to enable them to perform these tasks on our behalf and they may not disclose it or use it for any other purpose.
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Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
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You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.See this link: https://tools.google.com/dlpage/gaoptout
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For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Third party providers – Targeting and Remarketing
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We may also use third party vendors for remarketing.This allows us to advertise to you on third party websites after you leave our website.We may do this via cookies and Facebook pixels located on our website.
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Most third party vendors allow you to opt-out or amend your settings.You can do this for Google by using the following link: http://www.google.com/settings/ads and for Facebook by clicking here https://www.facebook.com/help/568137493302217
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Some third party vendors allow us to create Custom Audiences feature so that we can target advertising at you.If you wish to opt out of this please contact us.
Use of information
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We will only use personal information that you provide to us for the purposes for which you supplied it or, in exceptional situations, for other reasons permitted under the Privacy Act 2020.
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We generally do not share your personal information with others unless this is necessary for the purpose for which you gave us the information.We may share your information with any business that supports our services or products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide this website or other services or products.
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While it is unlikely, we may be required to disclose your information to comply with legal or regulatory requirements.We will use reasonable endeavours to notify you before we do this unless we are legally restricted from doing so.
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We will take reasonable steps to ensure that the personal information about you we collect, use or disclose is accurate, complete, up to date and stored in a secure environment protected from unauthorised access, use, modification or disclosure.
Access to and correction of information
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We will provide you with access to any personal information we hold about you.If it is wrong please ask us to correct it.To ask for access and correction, see our contact details.
Changes to our privacy policy
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Data Rocks may change this privacy policy from time to time in response to changes to technology, our data collection practices or the law.All changes will be posted to this website and may apply to previously collected information.Nothing in this policy prevents Data Rocks from passing on information gathered on this site to any successor organisations.
Terms of Trade - Rescue Sessions and Workshops
1. DEFINITIONS
1.1 In these Terms and Conditions:
(a) “Agreement” means any order or booking relating to the Services, and these Terms and Conditions.
(b) “We” or “Us” means Thabata Santos Romanowski trading as Data Rocks and her successors and assigns.
(c) “You” means the person, firm, company or entity buying Services from us.
(d) “Services” means all Services we will supply to you under a proposal, order or invoice relating to data visualisation coaching or data visualisation Rescue Sessions and Workshops.
2. PRICE AND CANCELLATIONS
2.1 Price plus tax: You will pay the price indicated on our website, invoice, order form or other similar document issued by us (“Price”), together with the amount of any Goods and Services Tax or any other tax which may be payable in respect of the supply of Services or otherwise under these Terms and Conditions.
2.2 No deductions: All payments by you will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.
2.3 Cancellations and refunds: If you wish to cancel a booking the following will apply:
(a) Individual Data Viz rescue Sessions or Coaching Sessions: No refund will be made where you cancel a booking within 48 hours of the scheduled session;
(b) Workshops: No refund will be made where you cancel an exclusive workshop within 10 clear working days of the scheduled date;
(c) All cancellation requests must be made in writing.
3. PAYMENT
3.1 Payment in advance: All Services will require payment in advance in order to confirm a booking. Alternative payment terms may be negotiated on a case by case basis.
3.2 Instalment payments: Where we have agreed that you may pay the Price in instalments you must complete payment of all instalments, even if this Agreement is cancelled prior to completion of the Services.
3.3 Acceleration: Notwithstanding any agreed credit period, full payment for all unpaid Services will become due immediately upon:
(a) You or any guarantor becoming insolvent or bankrupt;
(b) The commencement of any act or proceeding in which your or any guarantor’s insolvency is involved; or
(c) You or any guarantor resolving to wind up or being ordered to be wound up or having a receiver, liquidator of official manager appointed in respect of all or any of your assets; or
(d) You or any guarantor ceasing to trade.
4. PENALTY FOR LATE PAYMENT
4.1 Default interest: Failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any other rights or remedies available to us, simple interest at our bank’s current overdraft rate will be payable upon demand and from the due date until payment.
4.2 Legal costs: You will indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which we may suffer or incur as a result of any failure by you to make due and punctual payment.
5. PERFORMANCE OF THE SERVICES
5.1 Bookings: For Individual Coaching or Data Visualisation Rescue Sessions, calls or in person appointments will be booked as appropriate. You are required to make and attend scheduled appointments. If you will be late you must give us at least 24 hours’ written notice. A missed appointment will only be rescheduled at our discretion. If we cannot proceed with a scheduled session we will notify you and either reschedule the session or offer you a refund at our discretion.
5.2 Use of reports: Any reports or other written material prepared or procured by us as part of the Services are to be used only by you.
5.3 Services to be supplied: You acknowledge and agree that the Services are limited to those set out in the invoice, order form or other similar document issued by us.
5.4 Copyright: We retain intellectual property rights in all the materials and techniques we use in supplying the Services. You agree not to copy or distribute any materials we supply to you.
6. YOUR OBLIGATIONS
6.1 Information and Participation: you will provide us with any relevant information required to enable us to perform the Services.
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Cooperation: You agree that you and any participants who you have booked for will always comply with our reasonable instructions while participating in our workshops.If any person disrupts a workshop to the detriment of other participants or our presenters and/or causes health and safety concerns we may need them to leave.
6.3 Health and Safety: If we need to come to your premises it is your responsibility to ensure that all safety measures have been taken so as to comply with all applicable health and safety laws. Prior to us attending your premises to perform the Services you will:
(a) Inform us of all applicable health and safety rules and regulations that may apply at the site;
(b) Notify us promptly of any risk, safety issues or incidents that may arise or may have arisen at the site that are relevant to our provision of the Services.
7. OUR OBLIGATIONS AND WARRANTIES
7.1 We warrant that:
(a) We have the right to enter into this Agreement;
(b) We will perform the Services to a reasonable standard of care and skill;
(c) We will perform the Services in accordance with relevant laws.
8. LIABILITY
8.1 Limitation of liability:
(a) Claims: We will have no liability for unsatisfactory Services unless you notify us in writing of your claim within 7 days after performance of the Services;
(b) We will have the option, exercisable at our discretion, to replace or give credit for any services in respect of which any claim is made or proven or to refund a portion of the price paid for the Services, thereby fully discharging all our legal liability;
(c) If either party is liable for direct losses arising from a breach of this Agreement or for negligence, the liable party’s obligation to pay damages or losses is limited to the Price paid for Services under this Agreement in the three months immediately prior to the event to which the liability relates. This limitation does not apply to any loss or damage caused by fraud, wilful breach or wilful damage;
(d) We are not liable for any loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss;
(e) Notwithstanding any other provision of this agreement, neither party will be liable for indirect, special, consequential or similar damages or losses, including but not limited to loss of profit or revenues or other financial or economic losses of any kind and whether or not the other party has been advised of the potential for such damages.
8.2 Business purposes: As you hold yourself out as acquiring the Services for business purposes, you acknowledge that the provisions of the Consumer Guarantees Act 1993 will not apply and are expressly excluded.
9. GENERAL
9.1 Releases: You agree that:
(a) we may photograph or video group workshops. If we wish to use that material publicly to market our Services and business we will seek your written consent first;
(b) any testimonials or recommendations you give us may be published to market our Services and business;
(c) we may use your business name and or logo in our marketing materials.
9.2 Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, act of God interfere with our performance of any of our obligations under these Terms and Conditions then we may at our sole discretion suspend our performance of any such obligation or cancel any contract for the purchase of Services and we will not be liable to you in any respect.
9.3 Waiver: These Terms and Conditions remain in force notwithstanding any neglect, forbearance or delay in enforcement. We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.
9.4 Severability: If any clause or provision of these Terms and Conditions will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.
9.5 Privacy Policy: Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in performing the Services. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with the provision of the Services and any future like arrangement or arrangements.
9.6 Electronic Communications: You consent to receive commercial electronic messages from us. If you wish to opt out of receiving these messages, please use the “unsubscribe” function or tell us in writing and we will remove you from the mailing list.
9.7 Confidentiality: Each party must keep confidential during the term and after termination of this Agreement the existence and terms of this Agreement and all information of a confidential or sensitive nature supplied by the other party to this Agreement except to the extent that disclosure is required by law or where such information is or becomes available in the public domain without breach by a party of its confidentiality obligations under this Agreement. A party may disclose such information to its legal and other advisers, bankers and other persons who are subject to an obligation of confidentiality.
9.8 Governing law: this Agreement is governed by the laws of New Zealand and the parties submit to the jurisdiction of the courts of New Zealand.