Terms of Use - blisteringdevelopers

Terms of Use

Terms of Use

Please read the following terms of use carefully prior to commencing and using services provided by Blistering Developers. By accessing or using the services, you agree to be bound by these terms. If you do not agree to all of these terms, please cease access and use any of the services.

Note: Words beginning with a capital letter are defined as per the following conditions. The definitions outlined in the list below maintain consistent meaning irrespective of their grammatical form, whether singular or plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate: An entity that controls, is controlled by, or is under common control with a party where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
  • Account: A unique account created for You to access our Service or parts of our Service.
  • Country: Australia.
  • Organisation: (referred to as either "the organisation", "we", "us", or "our" in this Agreement) refers to Blistering Developers.
  • Device: Any device that can access our services such as a computer, laptop, mobile phone, or tablet.
  • Feedback: Comments, opinions, advice, and/or suggestions sent by you regarding the features, quality, or functionality of our services.
  • Orders: A request by you to purchase services from us.
  • Services: Includes our website and our service offerings, including but not limited to data sets, custom data sets, data analysis, information architecture, web development, programming, and more.
  • Subscriptions: Access to our services offered on a subscription basis by Blistering Developers to you.
  • Terms and Conditions: (also referred as "Terms") means these Terms and Conditions that form the entire agreement between You and Blistering Developers regarding the access and use of Our Services.
  • Third-party Social Media Service: Any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by Our Services.
  • Website: Blistering Developers Website available via https://www.blisteringdevelopers.com
  • You: (referred to as either "You" or "Your" in this Agreement) refers to the individual accessing or using Our Services or the company or other legal entity on behalf of which such individual is accessing or using Our Services as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of Our Services and the agreement that operates between You and Blistering Developers. These Terms and Conditions set out the rights and obligations of all users regarding the use of Our Services.

Your access to and use of Our Services is conditional on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and any other entities who access or use Our Services.

By accessing, commencing, and/or using Our Services, You agree to abide by and be bound by these Terms and Conditions. If You disagree with any or all aspects of these Terms and Conditions, then You are prohibited from accessing our services.

You affirm that you are above 18 years in age. Blistering Developers prohibits individuals under the age of 18 from accessing and using our Services.

Your access to and use of our Services is also conditioned on Your acceptance of and compliance with Our Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use any of our Services and our Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Services.

Data Protection and GDPR Compliance

Data Collection

We collect, store, and process personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR). The types of personal data we collect include first and last names, title, employment history, current employer and role, education history, address, contact phone number (including mobile), fax number, email address, website, property ownership history.

User Rights

As a user, you have the following rights under GDPR:

  • The right to access your personal data.
  • The right to correct any inaccurate or incomplete personal data.
  • The right to request the deletion of your personal data.
  • The right to restrict the processing of your personal data.
  • The right to data portability.
  • The right to object to the processing of your personal data.

Data Processing

We process your personal data for the following purposes:

  • To provide and improve our services.
  • To communicate with you about your account or transactions.
  • To comply with legal obligations.

Data Security

We implement appropriate technical and organizational measures to ensure the security of your personal data and to protect it against unauthorized or unlawful processing, accidental loss, destruction, or damage.

For more detailed information, please refer to our Privacy Policy.

Age Restrictions

Our Services are not intended for use by individuals under the age of 18. By using Our Services, you represent and warrant that you are at least 18 years old. If we discover that an individual under 18 has provided us with personal information, we will take steps to delete such information.

If you are a parent or guardian and you believe that your child under 18 has provided us with personal information, please contact us at data@blisteringdevelopers.com so that we can delete the information.

Modification of Services

Blistering Developers reserves the right to modify, suspend, or discontinue, temporarily or permanently, any aspect of Our Services, with or without notice, at any time. This includes but is not limited to:

  • Changes to Services: We may add, remove, or alter functionalities, features, or the scope of the services offered.
  • Temporary Suspension: Services may be temporarily unavailable due to maintenance, updates, or other reasons.
  • Permanent Discontinuation: We may permanently cease offering certain services or features.

We will make reasonable efforts to inform You about significant changes, especially those that might impact Your use of the services. However, it is Your responsibility to regularly review these Terms and any associated updates.

Your continued use of the Services after any such changes constitutes Your acceptance of the modified terms. If You do not agree with the changes, You should stop using the Services.

Blistering Developers will not be liable to You or any third party for any modification, suspension, or discontinuation of the Services.

User Content

Ownership and License

By uploading, sharing, or creating content using Our Services, You retain all ownership rights to your content. However, You grant Blistering Developers a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the provision of Our Services.

User Responsibilities

You are solely responsible for the content you upload, share, or create using Our Services. You agree not to upload, post, or transmit any content that:

  • Violates any applicable laws or regulations.
  • Infringes the intellectual property rights of others.
  • Is defamatory, offensive, or otherwise inappropriate.

Blistering Developers reserves the right, but not the obligation, to monitor and remove any content that we determine violates these Terms or is otherwise objectionable.

Acceptable Use

You agree to use Our Services only for lawful purposes in accordance with these Terms and Conditions. You agree not to use Our Services:

  • In any way that violates any applicable federal, state, or local laws.
  • In any way that attempts to harm another individual or legal entity.
  • To engage in any fraudulent or deceptive practices.
  • To distribute or disseminate any unlawful, defamatory, abusive, obscene, or otherwise objectionable content.
  • To impersonate or attempt to impersonate Blistering Developers, a Blistering Developers employee, another user, or any other person or entity.
  • To engage in any activity that could disrupt, damage, or impair the services or servers, networks, or systems connected to the services.
  • To attempt to gain unauthorized access to any portion or feature of the services, other accounts, computer systems, or networks connected to the services, through hacking, password mining, or any other means.
  • To transmit any viruses, worms, malware, ransomware, or any other harmful code.

Data Subscription Agreement

Subscription Details

Subscription Period and Renewal: Subscriptions are available on a monthly/annual basis and will automatically renew under the same conditions unless cancelled by either party.

Access and Delivery: Data will be delivered electronically via email/through a secure online portal, and access will be granted upon receipt of payment.

Usage Rights

Permitted Use: Subscribers are granted a non-exclusive, non-transferable right to use the data for the following specific purposes:

  • Internal Business Operations: Use of the data within the subscriber’s organization to support internal operations, improve business processes, and enhance decision-making.
  • Marketing and Outreach: Use of the data for marketing campaigns, customer outreach, lead generation, and similar promotional activities.
  • Research and Development: Use of the data for conducting research, developing new products or services, and analysing market trends.
  • Reporting and Analytics: Use of the data for generating reports, performing data analysis, and deriving business insights to drive strategic planning.

Restrictions: Subscribers may not resell, redistribute, or use the data for any purpose other than as specified.

Confidentiality and Data Security

Confidentiality: Subscribers agree to maintain the confidentiality of the data and not disclose it to any third parties without written consent.

Data Security: We implement appropriate technical and organizational measures to protect the data against unauthorized access, alteration, and disclosure.

Termination

Grounds for Termination or Suspension: Blistering Developers reserves the right to terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms.
  • Non-payment of fees.
  • Engaging in fraudulent or illegal activities.
  • Any other conduct that may harm Blistering Developers or other users.

Notice and Appeal: If we terminate or suspend your account, we will notify you via email with the reason for the termination or suspension. You have the right to appeal this decision by contacting us within 30 days of receiving the termination notice.

Miscellaneous Provisions

Force Majeure: Blistering Developers shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, war, or acts of God.

Placing Orders for Services

By placing an Order for Our Services through online platforms such as data marketplaces or via email or Our Website, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Our Services, You may be asked to supply certain information relevant to Your Order, including without limitation Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that:

  • You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order.
  • The information You supply to us is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Service availability.
  • Inaccuracies in the description or prices for Services.
  • Inaccuracies or Errors in Your Order.

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Services you purchase can only be returned in accordance with these Terms and Conditions. You will not have any right to cancel an Order for the supply of any of the following Services:

  • The supply of Services made to Your specifications or clearly personalized.
  • The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Availability, Errors, and Inaccuracies

We are constantly updating Our Service offerings. At times We may experience delays in updating information regarding Our Services on Our Website and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Pricing

Blistering Developers reserves the right to revise its prices at any time prior to accepting an Order. When this occurs, we will make all efforts to notify relevant parties of the revisions.

The prices quoted might also be revised by Blistering Developers after accepting an Order in the event of any occurrence affecting delivery caused by:

  • Variations requested by You to Services ordered from Us.
  • Variation in delivery costs or customs duties.
  • Higher foreign exchange costs.
  • Any other matter beyond Our control.

Again, when this occurs, we will make all efforts to notify stakeholders as soon as possible. Where this occurs and You are not in agreement, You have the right to cancel Your Order.

Payments

All Services purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, or online payment methods.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Subscriptions

Subscription Period

Some Services may be made available via a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually) depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or Blistering Developers cancels it.

Subscription Cancellations

You may cancel Your Subscription renewal by contacting Blistering Developers. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.

Billing

You will provide Blistering Developers with accurate and complete billing information, including full name, address, state, post code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, Blistering Developers will issue an electronic invoice indicating that you must proceed manually within a certain deadline date with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

Blistering Developers, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

Blistering Developers will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of Our Services after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refund Policy

General Policy

All fees for subscriptions and services are non-refundable, except as required by law. However, we may consider refund requests on a case-by-case basis.

Exceptions

Refunds may be issued under the following conditions:

  • If you are charged for services that were not provided.
  • If there was an error in the billing process.
  • If you cancel a service within a specified period (e.g., 14 days) and have not used the service.

Process

To request a refund, please contact us at data@blisteringdevelopers.com with your order details and the reason for the refund request. We will review your request and respond within 24 hours.

Intellectual Property

Our Services and any or all aspects of our original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of Blistering Developers and its licensors.

Our Services are protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Blistering Developers.

Your Feedback to Us

You agree to grant Blistering Developers a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sub-license, distribute, modify, and use such Feedback without restriction.

Links to Other Websites

Our Services may contain links to third-party web sites or services that are not owned or controlled by Blistering Developers.

Blistering Developers has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Blistering Developers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination and Suspension of Accounts

Grounds for Termination or Suspension

Blistering Developers reserves the right to terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms.
  • Non-payment of fees.
  • Engaging in fraudulent or illegal activities.
  • Any other conduct that may harm Blistering Developers or other users.

Notice and Appeal

If we terminate or suspend your account, we will notify you via email with the reason for the termination or suspension. You have the right to appeal this decision by contacting us within 30 days of receiving the termination notice.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of Blistering Developers and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for our Services.

To the maximum extent permitted by applicable law, in no event will Blistering Developers or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including but not limited to damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Blistering Developers or any supplier has been advised of the possibility of such damages and even if the remedy fails its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

Our Services are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Blistering Developers, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to Our Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Blistering Developers provides no warranty or undertaking, and makes no representation of any kind that Our Services will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Blistering Developers nor any of Our providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of Our Services, or the information, content, and materials or products included thereon; (ii) that Our Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through Our Services; or (iv) that Our Services, its servers, the content, or e-mails sent from or on behalf of Blistering Developers are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section will be applied to the greatest extent enforceable under applicable law.

Governing Law

These Terms and any disputes arising out of or related to these Terms or Our Services will be governed by and construed in accordance with the laws of Victoria, Australia, excluding its conflicts of law rules.

You agree that any claim or dispute You may have against Blistering Developers must be resolved by a court located in Victoria, Australia, except as otherwise agreed by the parties or as described in the "Dispute Resolution" section.

Conflict Resolution

If You have any concern or dispute about any of Our Services, You agree to first try to resolve the dispute informally by contacting Blistering Developers.

European Union (EU) Users

If You are a European Union customer, you are entitled to mandatory legal provisions in your country of residence.

United States Federal Government End User Provisions

If You are a U.S. federal government end user, our Services are a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Dispute Resolution

Informal Resolution

If You have any concerns or disputes about Our Services, You agree to first try to resolve the dispute informally by contacting Blistering Developers. You can reach us at data@blisteringdevelopers.com. We will attempt to resolve the dispute through good faith discussions within a reasonable period.

Mediation

If the dispute cannot be resolved informally, either party may request that the dispute be resolved through mediation. Mediation involves a neutral third-party mediator who will work with both parties to reach a mutually acceptable resolution. The mediation process is confidential and non-binding.

Arbitration

If mediation is unsuccessful, the dispute shall be resolved by binding arbitration. Arbitration involves a neutral third-party arbitrator who will make a decision to resolve the dispute. The arbitration shall be conducted in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA), and the arbitrator’s decision will be final and binding.

Jurisdiction and Venue

For any disputes that are not resolved through mediation or arbitration, the exclusive jurisdiction and venue for resolving such disputes shall be the courts located in Victoria, Australia. Both parties consent to the jurisdiction of these courts and waive any objections to the venue.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that You waive any right to participate in a class action lawsuit or class-wide arbitration against Blistering Developers.

Time Limitation

You agree that any claim or cause of action arising out of or related to the use of Our Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms will not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You through Our Services. You agree that the original English text prevails in the case of a conflict or dispute.

Changes and Updates to Our Terms and Conditions

We reserve the right at Our sole discretion to modify, update, or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Services after those modifications, updates, or replacements become effective, You agree to adhere to and be bound by the modified, updated, or replaced Terms. If You do not agree to the new terms in whole or in part, please cease accessing and/or using Our Websites and Services.

Customer and Technical Support

Blistering Developers is committed to providing high-quality customer and technical support. We offer a Service Level Agreement (SLA) that guarantees a response time of 24 hours for any customer or technical support inquiries. You can reach us at:

Email: support@blisteringdevelopers.com
Phone: +61 418 740 372

In case of any issues or queries, please contact our support team, and we will ensure a response within 24 hours.

Contact Information

If you have any questions, concerns, or feedback about these Terms or Our Services, you can contact us at:

Email: data@blisteringdevelopers.com
Phone: +61 418 740 372
Address: 1/20 Amdura Road, Doncaster East, VIC 3109, Australia