1. The Agreement
a) Usage of the Borderdata.io Border Status Information Service, and other related Services and websites operated by Borderdata (hereinafter referred to as “Borderdata”) constitutes the entry into a Terms of service (“Terms”) Agreement (hereinafter referred to as the “Agreement”) between the user or entity visiting Borderdata (“You”, the “User”) and Borderdata. Please read these Terms of service carefully before using Borderdata Services (“Services”). Borderdata requests that you accept the Terms before using its Services. If you do not agree with ANY of the Terms outlined below, DO NOT access or use Borderdata.
b) These Terms may be updated by Borderdata from time to time. Failure of the User to keep up to date with the Terms does not obviate the User from complying with the amendments as at the time of usage. Please check the Terms regularly to ensure that you are up to date.
2) Description of Service
You can use the Services to find out if international borders are open or closed, for tourists, citizens or cargo.
3) User’s Obligations
The User agrees to access Borderdata and use its Services only for the purpose allowed by these Terms. You agree to use the Services in a manner that adheres to all applicable laws, regulations, guidelines and acceptable practices in the relevant jurisdictions. BORDERDATA WILL NOT BE HELD LIABLE FOR ANY VIOLATION OF APPLICABLE LAWS, REGULATIONS, GUIDELINES AND ACCEPTABLE PRACTICES COMMITTED BY THE USER OR A THIRD PARTY AT THE USER’S BEHEST. YOU, THE USER, IS RESPONSIBLE FOR ENSURING THAT USAGE OF THESE SERVICES DOES NOT CONTRAVENE WITH THE LAW IN ANY WAY.
Further, you warrant and agree that by procuring Borderdata Services, your actions abide by the laws of both:
a) The country, territory, state or locality from where you are accessing the Services
b) The country, territory, state or locality from where Borderdata operates.
This includes complying with immigration, import or export restrictions, or other applicable cross-border restrictions.
4) Your Use of Borderdata.io and Its Services
You enter into Agreement that YOU SHALL NOT:
access or attempt to access the Website and its Services by any other means then that provided by Borderdata or other authorized Borderdata partners.
access or attempt to access Borderdata via automated means
engage in activities that disrupt these Services, networks and servers used by the Services
disrupt other users’ enjoyment of the Services
transmit viruses or harmful and disruptive files through the Services
interfere with the security of the Website or the servers, system resources, content or networks providing the Services.
Term and Termination
The span of time (“Term”) that these Terms will be in effect shall be deemed to have begun when you start using the Website. The Term shall continue in perpetuity, and shall only end if Borderdata or the User provides a written notice indicating otherwise.
Failure to comply with the requirements or limitations described herein shall lead to automatic termination without prejudice, of the usage of the website.
5) Intellectual Property
Trademark, copyright and all proprietary rights in the Website, Content and Services rest with Borderdata. These rights shall remain reserved unless otherwise specified and authorized by Borderdata in form of writing. You, the User, agree not to copy, frame, republish, transmit, distribute, loan, sell, distribute, assign, reverse-engineer, modify or create derivative works based on the intellectual property vested in Borderdata and its Services.
Borderdata disclaims all third-party intellectual property referenced or provided on the website. Such properties and their interests remain with their respective owners. Borderdata hereby disclaims any interests in the intellectual property rights of other third parties.
6) Disclaimer of Warranties
THE Borderdata Service IS PROVIDED TO YOU, THE USER, WITH ALL FAULTS, “AS IS.” THERE IS NO WARRANTY OF ANY KIND. NO GUARANTEES OR PERFORMANCE ASSURANCES OF ANY KIND ARE PROVIDED, AND THE USER SHALL USE IT AT THEIR SOLE RISK. Borderdata DOES NOT EXPRESS OR IMPLY WARRANTY AGAINST ANY CONDITION OF USE, NOR WARRANT MERCHANTABILITY, UNINTERRUPTED USE, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. FURTHER, Borderdata DOES NOT ISSUE WARRANTIES (IF ANY) ARISING FROM THE COURSE OF USAGE, DEALING, OR TRADE PRACTICE. Borderdata DOES NOT WARRANT THAT THE Service WILL MEET YOUR REQUIREMENTS, NOR DOES IT WARRANT AGAINST INTERFERENCE OF YOUR ENJOYMENT OF THE Service. NO WRITTEN OR ORAL ADVICE FROM EITHER Borderdata OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. IN SOME JURISDRICTIONS, LIMITATIONS ON OR EXCLUSIONS OF IMPLIED WARRANTIES ARE NOT ALLOWED. TO THIS END, SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
7) Limitation of Liabilities
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Borderdata SHALL, IN NO EVENT, BE LIABLE TO YOU FOR DAMAGES ARISING FROM PERSONAL INJURY, LOSS OF DATA, WORK STOPPAGE, LOSS OF GOODWILL, COMPUTER MALFUNCTION, LOST PROFITS, OR COST OF SUBSTITUTE GOODS OR SERVICES ARISING INCURRED DURING THE USE OF ITS Services. FURTHER, Borderdata SHALL NOT BE HELD LIABLE FOR ANY FORM OF SPECIAL, DIRECT OR INDIRECT PUNITIVE DAMAGES ARISING FROM OR RELATED TO USE OF THE Services.
Under no circumstances and in no event shall Borderdata be held liable for any and all of the damages incurred during and by use of the Services.
The Disclaimer of Warranties and the Limitation of Liability are material of the Terms of Service under the Agreement you go into before using the Borderdata Service.