TERMS AND CONDITIONS

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TERMS AND CONDITIONS: 
WARRANTY. THIS ORDER IS COVERED BY OUR 80% QUALITY GUARANTEE. ONE-TIME CLAIM FOR WARRANTY WILL BE HONORED WITHIN 14 CALENDAR DAYS OF DATE OF DELIVERY CONTINGENT ON SUBMISSION OF COMPLETE LISTING OF SPECIFIC DATA ITEMS THAT IN AGGREGATION CAUSED THE REACHABILITY LEVEL TO FALL BELOW THE MINIMUM COMMITTED ACCURACY LEVEL OF 80% IN WHICH CASE L PROVIZION MARKETING SERVICES SHALL BE OBLIGED TO PROVIDE REPLACEMENT DATA ITEMS AS REQUIRED TO MEET THE ACCURACY LEVEL WITHIN 14 CALENDAR DAYS. AS SUCH, WARRANTY EXPRESSED IS NOT AN INDICATOR OF SUCCESS OR FAILURE FOR THE DATABASE ITSELF – IT IS AN INDICATOR OF THE QUANTITY THAT WE GUARANTEE THAT YOU WILL BE ABLE TO DELIVER WHETHER FROM ONLY THE ORIGINAL DATABASE OR IN CONJUNCTION WITH THE REPLACEMENT RECORDS. HOWEVER, IN THE EVENT THAT ANY OF THE SUPPOSEDLY INACCURATE DATA ITEMS IS PROVEN TO BE REACHABLE, THE ENTIRE CLAIM FOR WARRANTY SHALL BE CONSIDERED NULL AND VOID. FREE / BONUS / COMPLIMENTARY DATABASES AND RECORDS DELIVERED WITH THE ORDER ARE NOT COVERED BY THIS WARRANTY AND SHALL BE CONSIDERED REPLACEMENT DATA ITEMS SHOULD A VALID CLAIM FOR SUCH WILL BE FILED. IT IS UNDERSTOOD THAT IN THE EVENT THAT WE ARE UNABLE TO COMPLETE THE COMMITTED NUMBER OF ENTRIES, WE SHALL REFUND ON PRO-RATED BASIS.

USAGE RESTRICTIONS. YOU ACKNOWLEDGE THAT THE DATABASE WILL BE USED BY YOU FOR THE PROMOTION OF YOUR PRODUCTS AND SERVICES ONLY AND WILL NOT BE RESOLD OR SHARED IN ANY FORM TO OTHER PARTIES WITHOUT PROVIZION’S WRITTEN AND AUTHORIZED CONSENT. IF YOU ARE NOT THE END USER OR IF YOU REPRESENT MULTIPLE COMPANIES OR WILL BE USING THE DATABASE FOR PROMOTING THIRD PARTIES YOU AGREE THAT THE DATABASE WILL BE USED BY YOU FOR THE PROMOTION OF PRODUCTS AND SERVICES FOR ONLY ONE COMPANY OR ONE CLIENT ONLY AND WILL NOT BE RESOLD OR SHARED IN ANY FORM TO OTHER PARTIES WITHOUT OUR WRITTEN CONSENT. YOU WILL NEED TO PAY SEPARATELY FOR EACH OF YOUR COMPANY OR CLIENTS. INFORMATION CONTAINED IN THE DATABASE SHALL NOT BE USED TO COMMUNICATE, TRANSMIT OR ALLOW TO BE TRANSMITTED ANY INFORMATION OR CONTENT THAT IS FALSE, INACCURATE, MISLEADING, UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING, TORTUOUS, DEFAMATORY, VULGAR, OBSCENE, INVASIVE OF ANOTHER’S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY, OR OTHERWISE OBJECTIONABLE. UNSOLICITED COMMERCIAL COMMUNICATIONS ARE LEGAL UNDER RA 10175 SECTION 4(C)3 PROVIDED THAT THE ELECTRONIC COMMUNICATION CONTAINS A SIMPLE, VALID, AND RELIABLE WAY FOR THE RECIPIENT TO REJECT RECEIPT OF FURTHER COMMERCIAL ELECTRONIC MESSAGES (OPT-OUT) FROM THE SAME SOURCE AND YOU DO NOT PURPOSELY DISGUISE THE SOURCE OF THE ELECTRONIC MESSAGE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LEGAL LIABILITY ARISING OUT OF OR RELATING TO THE FOREGOING. IN NO EVENT SHALL PROVIZION MARKETING SERVICESOR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF  PROVIZION MARKETING SERVICESOR ANY SUPPLIER, AND EVEN IF PROVIZION MARKETING SERVICES OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

COMPLIANCE NOTICES. 1UPON ACCEPTANCE OF THIS OFFER BY WAY OF PAYMENT FOR THE ORDER, CLIENT INSTRUCTS PROVIZION MARKETING SERVICESTO CONDUCT RESEARCH, COLLECT, HOLD, PROCESS INFORMATION AS SPECIFIED WITHIN THE COMMITTED PERIOD OF TIME TO DELIVER. CLIENT ACKNOWLEDGES THAT DATA HAS NOT BEEN COLLECTED FOR CREDIT PURPOSES AND IS NOT INTENDED TO BE INDICATIVE OF ANY CONSUMER’S CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY, AND NOT FOR USE AS A FACTOR IN ESTABLISHING ANY CONSUMER’S ELIGIBILITY FOR CREDIT, INSURANCE, BENEFITS OR EMPLOYMENT. AS PERSONAL INFORMATION CONTROLLER, CLIENT IS ENTITLED TO INFORMATION FOR USE FOR THE DECLARED LEGITIMATE BUSINESS PURPOSE AS SPECIFIED ABOVE, AND LAWFUL PROCESSING AS DEFINED IN SECTION 12(F) OF THE DATA PRIVACY ACT OF 2012. CLIENT COMMITS TO PROTECT THE INFORMATION IN LINE WITH CHAPTER II OF THE ACT, SPECIFICALLY ON PROTECTING DATA AGAINST OTHER PARTIES, INCLUDING AMENDING OR RECTIFYING THE SAME FOR INACCURACY. CLIENT COMMITS TO PROVIDE IMMEDIATE WRITTEN NOTICE UPON DISCOVERY OR NOTIFICATION OF ANY SECURITY BREACH AND IMMEDIATELY AND AT YOUR OWN EXPENSE INVESTIGATE AND TAKE ALL STEPS TO IDENTIFY, PREVENT AND MITIGATE THE EFFECTS OF ANY SECURITY BREACH. YOU SHALL PROMPTLY PROVIDE PROVIZION MARKETING SERVICESA DETAILED DESCRIPTION OF THE INCIDENT, THE DATA ACCESSED, THE IDENTITY OF AFFECTED CONSUMERS, AND SUCH OTHER INFORMATION CONCERNING THE SECURITY BREACH AND CONDUCT ANY RECOVERY NECESSARY TO REMEDIATE THE IMPACT. UPON WRITTEN REQUEST, CLIENT CAN OPT TO RECEIVE DATA IN ENCODED FORMAT IN WHICH CASE ENCODING WILL BE AS FOLLOWS: (APPLICABLE TO DB-74001, DB-84000, DB-84001, DB-84002, DB-84003, DB-84004, DB-84005, DB-84006, DB-84007, DB-84008, DB-84009  AND SIMILAR ONLY): NAME AS ISSUED TO CUSTOMER WILL BE IN ENCODED FORMAT SO THAT THE IDENTITY OF AN INDIVIDUAL IS NOT APPARENT AND CANNOT BE REASONABLY AND DIRECTLY ASCERTAINED BY CUSTOMER EVEN WHEN PUT TOGETHER WITH OTHER INFORMATION. AS SUCH, THE INFORMATION IN THE DATABASE AS PROVIDED BY PROVIZION MARKETING SERVICES WOULD NOT BE SUFFICIENT TO DIRECTLY AND CERTAINLY IDENTIFY AN INDIVIDUAL IN ACCORDANCE WITH THE ACT. NAME IS VISIBLE TO AUTHORIZED INTERNAL STAFF ONLY AND USED FOR UNDER SPECIFIC CONDITIONS ONLY SUCH AS TO KEEP RECORDS UP TO DATE AND/OR TO RECTIFY, DESTROY OR SUPPLEMENT INCOMPLETE DATA. MOBILE NUMBER OR EMAIL ARE GENERALLY BY THEMSELVES NOT CLASSIFIED AS PERSONAL INFORMATION.
I. APPLICABLE TO DB-84010, DB-84011, DB84012, DB84013, DB84014, DB84015, DB84016 DB84017, DB84018  AND SIMILAR ONLY: THESE DATABASES CONTAIN PERSONAL INFORMATION. THESE DATABASES ARE PROVIDED “AS IS” BY AN EXTERNAL, DULY REGISTERED CORPORATION AND AS SUCH, PROVIZION MARKETING SERVICES ACTS NEITHER AS PERSONAL INFORMATION CONTROLLER NOR PERSONAL INFORMATION PROCESSOR. PROVIZION MARKETING SERVICES DOES NOT PROVIDE ANY DATABASE THAT CONTAINS SENSITIVE PERSONAL INFORMATION AS DEFINED BY THE DATA PRIVACY ACT OF 2012. AS RECIPIENT OF THESE DATABASES, YOU EFFECTIVELY BECOME THE PERSONAL INFORMATION CONTROLLER.
2.APPLICABLE TO ONLY:DB-94001, DB29001, DB33301, DB0001 AND OTHER SIMILAR DATABASE LISTS.  INFORMATION IN THIS DATABASE ARE IN PART OR IN FULL AVAILABLE FROM OPEN SOURCES INCLUDING THE INTERNET (INCLUDING FACEBOOK, TWITTER AND OTHER SOCIAL NETWORKING SITES) AND ANY FORM THAT FALL UNDER CATEGORY OF ADVERTISING OR DIRECTORY OR ANNOUNCEMENT OR OFFER OF SERVICE, AND AS SUCH ARE CONSIDERED INFORMATION IN PUBLIC DOMAIN, IMPLICIT CONSENT TO BE CONTACTED AND THEREFORE CANNOT BE CLASSIFIED AS PERSONAL INFORMATION REQUIRING PRIVACY.
SUPPORT SERVICES.IF YOU ARE UNABLE TO OPEN THE DATABASE DUE TO FILE CORRUPTION OR DIFFICULTY IN OPENING THE FILE DUE TO ABSENCE OF THE APPROPRIATE SOFTWARE ON YOUR COMPUTER, YOU MUST INFORM US IMMEDIATELY OR WITHIN 72 HOURS SO THAT WE CAN RESEND THE FILE (IN A DIFFERENT FILE FORMAT IF NEED BE) TO THE SAME EMAIL ADDRESS OR AN ALTERNATIVE EMAIL ADDRESS. YOUR WARRANTY PERIOD WILL THEN BEGIN ONLY UPON RESENDING. OTHERWISE, WARRANTY SHALL BEGIN ON THE ORGINAL DATE OF SENDING.