Terms of Use of Website
Below are our
terms for the use of this Website, whether as a guest or a registered user -
please read these terms carefully before using this Website.
These terms are an agreement ("Agreement") between you and EV4 Ltd about your use of this Website and the information contained in or available through this Website and should be read in conjunction with our privacy policy. If you do not agree to these terms in full please leave this Website and do not make use of our services. By remaining on this Website and/or making use of our services you are deemed to accept these terms in full. Our terms and our privacy policy are updated from time to time, e.g. to reflect changes in our services and this Website. Please return to these terms from time to time and note any changes, as they are binding on you. Protecting your privacy is very important to us: please review our privacy policy, which explains how we treat your personal information and protect your privacy.
1.
Definitions
1.1 “http://www.dsdevices.com/”,
“Us”, “Our” and “We” all refer to this Website, or the owner of it, which
Website belongs to EV4 Ltd (company number 07986640), a private company
registered in England and Wales with its registered office address at KAD House, Portsmouth road, esher,
surrey, KT10 9AD,
whose main trading address is at KAD
House, Portsmouth road, esher, surrey, KT10 9AD. “You” refers to
you the visitor and, or customer.
1.2 “Website” means
this website at http://www.dsdevices.com/.
2.
Access to website
2.1 You can access
most parts of this Website without having to register any details with us. This
includes all articles, guides, news and product
information pages within the Website.
2.2 It is for you to
make the proper arrangements for you to access this Website. You are
responsible for ensuring that all persons who access the Website through your
Internet connection are aware of this Agreement, and that they comply with it.
2.3 Our Website is intended
for people in the
3.
Use of website and
services
3.1 Any material that
is available free of charge on this Website you are permitted to use for your
own personal use, but not for distribution (including sharing or making available
for use by others by any means, whether free of charge or for payment) or
resale. You promise that you will not resell or otherwise attempt to
commercially benefit from the Website content.
3.2 All intellectual
property (including without limitation copyright) in this Website and its
content belongs to us or our licensors and are protected by copyright laws
around the world. You have permission to print one copy and download extracts
of any web page(s) from our Website for (a) your personal use and (b) to
mention to colleagues in your organisation. You do not have permission to use
any illustrations, photographs, video or audio files separately from any
accompanying text. Our status (and that of any identified contributors) as the
authors of material must always be acknowledged and you must not use the
material on the Website in a derogatory manner.
3.3 Otherwise than in
accordance with clause 3.1, no part of this Website may be used without our
prior permission.
3.4 If, in breach of
these terms of use, you print off, copy or download any part of our Website, then
your right to use our Website and is contents is automatically revoked - you
must then immediately destroy any copies you have made of any part of our
Website.
3.5 We do not
guarantee that our Website will be free from bugs or viruses or protected at
all times against hacking. You are responsible for setting up your computer to
access our Website and using appropriate firewall and virus protection
software.
4.
Site uptime
4.1 We take all
reasonable steps to ensure that this Website is available 24 hours every day,
365 days per year. However, websites do sometimes encounter downtime due to
server and, other technical issues. Therefore we will not be liable if this
Website is unavailable at any time. We do not guarantee that our Website, or
any content on it, will be available uninterrupted. Access to our Website is
permitted on a temporary basis. We may suspend, withdraw, discontinue or change
all or any part of our site without notice. We will not be liable to you if for
any reason our Website is unavailable at any time or for any period.
4.2 This Website may
be temporarily unavailable due to issues such as system failure, maintenance or
repair or for reasons beyond our control. Where possible we will try to give
our visitors advance warning of maintenance issues, but shall not be obliged to
do so.
5.
Visitor conduct
5.1 With the exception
of personally identifiable information, the use of which is covered under our
privacy policy, any material you send or post to this Website shall be
considered non-proprietary and not confidential. Unless you advise us to the
contrary, we will be free to copy, disclose, distribute, incorporate and
otherwise use such material for any and all purposes.
5.2.1 for which you have
not obtained all necessary consents;
5.2.2 that is
discriminatory, obscene, pornographic, defamatory, liable to incite racial
hatred, in breach of confidentiality or privacy, which may cause annoyance or
inconvenience to others, which encourages or constitutes conduct that would be
deemed a criminal offence, give rise to a civil liability, or otherwise is
contrary to the law in the United Kingdom; or
5.2.3 which is harmful in
nature, including, and without limitation, denial-of-service attacks, computer
viruses, trojans, worms, logic bombs, corrupted data,
or other potentially harmful software or data.
5.3 By breaching this
provision, you would commit a criminal offence under the Computer Misuse Act
1990. We will report any such breach to the relevant law enforcement
authorities and we will co-operate with those authorities by disclosing your
identity to them. In the event of such a breach, your right to use our site
will cease immediately.
5.4 We will fully
co-operate with any law enforcement authorities or court order requiring us to
disclose the identity or other details of any person posting material to this
Website in breach of Paragraph 5.2.
5.5 If a third party
alleges that content posted by you on our site is in breach of their
intellectual property rights or their right to privacy, we may disclose your
identity to such third party.
5.6 We reserve the
right to remove any posting you make on our Website for any reason and without
notice, but particularly if your post does not comply with these terms of use.
6.
Links to and from
other websites
6.1 Any links to third
party websites located on this Website are provided for your convenience only.
We have not reviewed each third party website and have no responsibility for
such third party websites or their content. We do not endorse the third party
websites or make representations about them or any material contained in them.
If you choose to access a third party website linked to from this Website, it
is at your own risk. We will not be liable for any loss or damage that may
arise from your use of them.
6.2.1 you do not in any
way imply that we are endorsing any services or products unless this has been
specifically agreed to by us in writing;
6.2.2 you do not
misrepresent your relationship with us or present any false information about
us;
6.2.3 you do not link
from a website that is not owned by you; and
6.2.4 your website does not
contain content that is offensive, controversial, infringes any intellectual
property rights or other rights of any other person or does not comply in any
way with the law in the
6.3 If you choose to
link to our Website in breach of Paragraph 7.2 you shall fully indemnify us for any loss or damage
suffered as a result of your actions.
7.
Disclaimer and
exclusion of liability - please read
carefully
7.1 Our Website is
made available free of charge. We take reasonable steps to ensure that the
information on this Website is correct at the time of first publishing.
However, we do not guarantee the correctness or completeness of material on
this Website or the absence of inaccuracies, omissions or typographical errors.
We may make changes to the material on this Website at any time and without
notice, including corrections. The material on this Website may be out of date,
or on rare occasions incorrect and we make no commitment to ensure that such
material is correct or up-to-date. We are not liable to send you notice of any
changes or corrections made.
7.2 The material at
this Website is provided without any conditions or warranties of any kind. To
the maximum extent permitted by law, we provide access and use of this Website
on the basis that we exclude all representations, warranties and conditions
which but for these Terms may have effect in relation to this Website.
7.3 All information
and services are provided "as is" without warranty or condition of
any kind. We disclaim all warranties and conditions with regard to this
information and services, including all implied warranties or conditions of
merchantability, fitness for a particular purpose, title and non-infringement.
7.4 Any information on
the Website in many cases will be an abbreviated and simplified summary for
general use or general guidance only, and is not a substitute for taking
specific advice on your own situation from an appropriate expert. Before
taking, or refraining from, any action on the basis of the content of our Website,
you must obtain suitable advice from a professional or specialist.
7.5 You use the
Website at your own risk - neither we, nor our agents, employees and
sub-contractors, shall be liable to you or any other party for any losses or
damages whatsoever or howsoever arising in connection with the website (whether
under these terms and conditions or other contract or as a result of any
misrepresentation, misstatement or tortious act or omission, including
negligence).
7.6 Neither we nor any
other party (whether or not involved in producing, maintaining or delivering
this Website) shall be liability or responsible for any kind of loss or damage
that may result to you or a third party as a result of your or their use of our
Website. This exclusion shall include (without limitation) servicing or repair
costs and any other direct, indirect or consequential loss, and whether in
tort, contract or otherwise in connection with this Website.
7.7 We shall have no
liability to any users for loss (whether in contract, tort, including without
limitation negligence, breach of statutory duty or otherwise, and whether
foreseeable or not) relating to:
7.7.1 use of, or
inability to use, our Website; or
7.7.2 use of, or reliance
on, the contents of our Website.
7.8 In addition if you
are a business user, we will not be liable to you for:
7.8.1 lost profit or
turnover;
7.8.2 interruption or
disruption of your business;
7.8.3 your failure to
make anticipated savings;
7.8.4 lost business
opportunities or damage to your goodwill or reputation; or
7.8.5 indirect or consequential losses.
7.9 In addition if you
are a consumer, you agree not to use our site for any commercial or business
purposes, and we shall have no liability to you for anything mentioned in
Paragraphs 8.8.1 to 8.8.5.
7.10 We shall have no
liability to you for any losses caused by a distributed denial-of-service
attacks, computer viruses, trojans, worms, logic
bombs, corrupted data, or other potentially harmful software or data that may damage
your computer system, software and data from your use of our Website or your
downloading of any content on it, or on any website linked to it.
7.11 Nothing in these
Terms shall exclude or limit liability for (i) death
or personal injury caused by negligence (as defined by the Unfair Contract
Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental
matter; or (iv) any liability which cannot be excluded
or limited under English law.
8.
Miscellaneous
8.1 If any part of
this Agreement is determined to be invalid or unenforceable under any
applicable law, including, but not limited to, the above disclaimers and
liability limitations, then the invalid or unenforceable provision will be
deemed to be replaced by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the Agreement
will continue in effect.
8.2 Unless otherwise
specified, this Agreement constitutes the entire Agreement between you and us
with respect to the use of the Website and it supersedes all prior
communications and proposals, whether electronic, oral or written, between you
and us with respect to the use of the Website.
8.3 You must not
assign or otherwise transfer the Agreement, or any right granted under it,
without our written consent. We can freely transfer our rights under the
Agreement.
8.4 Any failure by us
to enforce or exercise any provision of the Agreement, or any related right,
will not be a waiver of that provision or right.
8.5 We may provide you
with notices, including those regarding changes to the Agreement, by email,
regular mail, postings on the Website, or other reasonable means now known or
developed in the future.
9.
Governing
jurisdiction
9.1 These Terms shall
be governed by and construed in accordance with English law. Any dispute(s)
arising in connection with these Terms are subject to the exclusive
jurisdiction of the courts of
Version: May 2016