Terms of Reference
This website (the “Website”) is the website of DCUSA Ltd (“DCUSA ”, “us” or “we”).
The Website and the related services (the “Services”) are operated and managed by ElectraLink Ltd (ElectraLink) on behalf of DCUSA .
Please read these terms and conditions of use of the Website (“the Terms”) carefully as by using the Website and/or Services you agree to be bound by them. We reserve the right to vary the conditions of use at any time and will post any variations here. You are advised to review the conditions of use on a regular basis as you will be deemed to have accepted variations if you continue to use the Website and/or the Services after they have been posted.
If you do not agree to abide by these Terms you should not use the Website or the Services in any way.
For clarity, in these terms “you” and “your” means any natural or legal person who uses the Website or the Services and each entity on whose behalf the user acts.
Using The Website
You agree to abide by all applicable laws, regulations and codes of conduct (including those that are self regulatory) and you agree to be solely responsible for all things arising from your use of the Website and the Services. You agree that you will always respect the privacy of your fellow internet users.
If you post any material on the Website, you agree to grant each of DCUSA and ElectraLink Ltd. a perpetual, irrevocable, royalty-free licence to use any such material as we each see fit and without notice to you unless otherwise agreed in writing between you and us.
You agree not to:
Impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details.
Modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this.
Make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent.
Damage, interfere with or disrupt access to the Website or Services or do anything which may interrupt or impair their functionality.
Use the Website or Services in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either.
Save as authorised in these Terms or as agreed in writing between you and us, resell any part or aspect of the Website or Services.
Publish, post, distribute, disseminate or otherwise transmit, defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information.
Threaten, harass, stalk, abuse, disrupt, or otherwise violate the rights (including rights of privacy and publicity) of, others.
Make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software.
Falsify the true ownership of software or other material or information contained in a file made available via the Website or our Services.
Obtain or attempt to obtain unauthorised access, through whatever means, to the Website or the Services, other services or computer systems or areas of our, or any of our partners’, networks which are identified as restricted.
Disclose any security details, such as logins or passwords, to any third parties and to keep such information secure.
Information published by ElectraLink on the Website is supplied by SPAA and, where indicated, by certain third parties. DCUSA and ElectraLink take every care and precaution to ensure that information published on the Website is accurate when posted and regularly updated, but neither DCUSA nor ElectraLink, guarantee or can be held liable for its accuracy or timeliness and either of us may change the information at any time without notice. You must not rely on information on the Website and you acknowledge that you must take appropriate steps to verify this information before acting upon it. No warranty or representation is made in respect of the timeliness or accuracy of any information sent to you by the updating service.
DCUSA and ElectraLink reserve the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or to make available such information or material when required to do so by law or when requested to by regulatory bodies or law enforcement organisations.
You will remain responsible and liable for material you upload on to, or access from, the Website and/or Services, and you will indemnify us in the manner set out below in these Terms in relation to your accessing or uploading.
DCUSA AND ELECTRALINK PUBLISH THE WEBSITE “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OF THE INFORMATION OR THE PRODUCTS OR SERVICES REFERRED TO ON THE WEBSITE AND NEITHER DCUSA NOR ELECTRALINK SHALL BE LIABLE FOR ANY LOSSES OR DAMAGE (WHETHER DIRECT OR INDIRECT ( INCLUDING, WITHOUT LIMITATION DIRECT OR INDIRECT LOSS OF PROFITS), CONSEQUENTIAL, SPECIAL OR OTHERWISE INCIDENTALTHAT MAY RESULT FROM USE OF THE WEBSITE OR THE SERVICES HOWSOEVER ARISING.
Neither DCUSA nor ElectraLink charges you a separate fee for access to and use of the Website or the Services. On this basis you agree that these Terms, and in particular the limits on our liability and obligations, are fair and reasonable. In the event that DCUSA is found liable under these Terms, its total aggregate liability will be limited to 1,000 pounds sterling.
Any reference to any product or service which has been or may be provided by DCUSA or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
Neither DCUSA nor ElectraLink make any warranty whatsoever as to any goods or services purchased or obtained or offered to you by third parties through the Website and/or Services. Your dealings with any third parties, in particular advertisers and/or merchants, through the Website and/or Services, and any terms, conditions, warranties or representations with such third parties, are solely between you and such third party.
You agree to indemnify and hold individually each of DCUSA and ElectraLink and any of their respective officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses of any character incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Website and/or Services and/or any breach of these Terms.
DCUSA owns the copyright in the content published on the Website except where otherwise indicated by a third party’s proprietary notice. Images, trade marks and brands may also be protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the Website as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. You agree not for yourself or through or by way of assistance to any third party distribute, decompile, reverse engineer, disassemble or otherwise deal in or with the Website or materials therein or otherwise commercially exploit such material or content.
DCUSA or ElectraLink may terminate the Services, or restrict your access to them and the Website, refuse to sell/supply to or correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where: (i) there is a regulatory or statutory change limiting the ability to provide the Website and/or Services; (ii) any event beyond the reasonable control of any of DCUSA or ElectraLink thereby preventing any of them from continuing the Services (for example, and without limitation, technical difficulties, capacity problems and communications failures); (iii) either DCUSA or ElectraLink, collectively or individually, consider in their respective sole discretion that you are abusing the Website and/or Services or are otherwise acting in breach of these Terms.
On termination, either DCUSA or ElectraLink may remove your material, if applicable, including e-mail addresses and shall have no obligation to forward any unread or unsent messages to you or third parties; on such termination your user name and password will become available to others. Such termination will not affect any of your accrued liabilities incurred prior to such termination.
The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
Either DCUSA or ElectraLink reserve the right to monitor and track your visits to this Website.
Costs of Access
You shall be responsible for obtaining access to the internet in order to view the Website and take advantage of the Services and shall pay any service fees, telephone charges or other costs associated with such access.
Viruses, Security and Compatibility
While certain precautions have been taken to detect computer viruses and ensure security, neither DCUSA nor ElectraLink can guarantee that the Website and the Services are virus-free and secure and they shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. You shall protect your computer systems from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary. Neither DCUSA nor ElectraLink give any warranties as to the compatibility of the Website and the Services with your computer systems, software and/or hardware.
Either DCUSA or ElectraLink reserve the right at any time to modify or discontinue, temporarily or permanently, any of the Services or your access to or use of the Website and/or Services or any of your logins or passwords with or without notice. Neither DCUSA or ElectraLink shall have any liability to you for any loss or damage whatsoever in respect of any action it takes pursuant to this paragraph.
Other Websites and Links
For your interest and/or amusement, from time to time we will make available to you hypertext links from the Websites and/or the Services to third party sites both within and outside European Union. However, these sites are not in any way approved, checked, edited, vetted or recommended by DCUSA or ElectraLink and you agree that neither DCUSA nor ElectraLink, shall be liable in any way for the content of such sites or for any dealings that you may have, or the consequences of such dealings, with such third party site operators. In particular you agree that any dealings you have with such third party site operators shall be on the terms and conditions (if any) of the third party operator.
If any provision or part of these Terms is found to be illegal, invalid or unenforceable the remaining provisions, or the remainder of the provision concerned, shall continue in effect. A failure or delay by DCUSA or ElectraLink in enforcing compliance with any provision of these Terms shall not be a waiver of that or any other provision of these Terms. None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party. You may not assign any of your rights or obligations under these Terms. The headings used in these Terms are for convenience only and shall not affect interpretation. In these Terms, unless specified to the contrary, use of the singular is deemed to include the plural, use of any gender is deemed to include every gender and any reference to a person is deemed to include a corporation, a partnership and any other body or entity; and (in each case) vice versa.
These Terms constitute the entire agreement and understanding between SPAA or ElectraLink and you and shall supersede any prior agreement or representation in respect thereof.
Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed on the Website.
These conditions of use are governed by the laws of England and Wales and you agree that the English courts shall have exclusive jurisdiction in any dispute.
303-306 High Holborn
London WC1V 7JZ