Date of last revision: 21/05/2018.
- Site features. a) DIS reserves the right to add or remove Site features at any time (without prior notice) at Our sole discretion. b) Caching is enabled for various features of this Site (to enhance your browsing experience). Because of the nature of caching, you should be aware that its possible for you to view “outdated” data when using the Sites features. DIS reserves the right to decide how and when such caches are refreshed (whether this be an automated process of the Site and/or manually).
- Service Access. a) Although DIS endeavours to ensure that this Site is usually available twenty-four hours a day, We do not guarantee that it will be uninterrupted or error free. b) DIS reserves the right to disable/turn-off the Site when “down” for routine maintenance – including (but not limited to): i) administrative tasks. ii) later release versions/upgrades. iii) planned maintenance/repairs. c) DIS shall endeavour to limit the amount of time the Site is “down” – but in some circumstances this may not be possible (see disclaimers).
- Proprietary Rights in Content. a) DIS owns and retains all proprietary rights in the Service. b) The Service contains the copyrighted material, trademarks (Digby Installation Services Limited) and other intellectual property and proprietary information of DIS. c) Except for that information which is in the public domain (e.g. an image of yourself) or for which you have been given written permission, you may not: copy/create derivative works from, display, distribute, license, modify, perform, publish, reproduce, sell, re-sell, transfer or transmit any such intellectual property or proprietary information. You grant Us on a perpetual basis a non-exclusive, royalty-free licence to use, copy, display, perform, distribute, adapt and promote the content you post to the Service (if any) in any medium and you agree that We may sub-license such content to third parties.
- Prohibited Activities. The following is a list** of the kind of activities that are prohibited on the Site. i) You shall not use any technology to interrogate or circumvent the features of the Service or its contents – including (but not limited to) using any robot, spider, site search/retrieval application, or other automatic/manual device to retrieve, index, or “data mine”. ii) You shall not use software to reverse engineer the Site (or cause others to do so). iii) You shall not hack, interfere with, or disrupt the Service (including its servers, networks, connected/embedded services and various internet protocols/technologies). iv) You shall not post, email or transmit any data/material that contains viruses, spy-ware, script or any other computer code that is designed to impact the Service). v) You shall not frame (or mirror) any part of the Service without Our prior written authorisation. This includes: using meta tags, code or other devices containing reference to the Service (to direct any person to any other website for any purpose). vi) You shall not remove any copyright, trademark or other proprietary rights notices contained in the Service. vii) You shall not post any content which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world. viii) You shall not impersonate another person or entity (e.g. claiming to represent DIS or its employees). **[DIS reserves the right to modify this list at any time and investigate/take appropriate legal action in its sole discretion against anyone who violates this provision, including (without limitation): removing the offending communication/content from the Service].
- Disclaimers. a) The content of this Website is provided “as is” – without any conditions, warranties or other terms of any kind. Accordingly (to the maximum extent permitted by law), DIS provides you with this Website on the basis that DIS excludes all representations, warranties, conditions and other terms (including but not limited to: the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website. b) DIS is not responsible for any incorrect/inaccurate content posted on the Website or in connection with the Service, whether caused by users of the Website, or by any equipment or programming associated with or utilised in the Service (including usage of caching). c) DIS does not represent or endorse the accuracy or reliability of any advice, opinions/views, statement or other information that may be displayed, uploaded or distributed through the Service by Us, Our partners or any member or other person or entity. As such, you acknowledge that any reliance upon such information is at your own risk. d) DIS is not responsible for the conduct (whether on-line or off-line) of any user of the Website. e) DIS is not responsible for any loss or damage of data that may result from (including but not limited to): deletion, delay, destruction, error, omission, interruption or theft – including (but not limited to): “hacking”, viruses or spy-ware. f) DIS is not responsible for any communications failure (e.g. sending of messages/emails) or loss of service resulting from (including but not limited to): malfunction of any software (e.g. operating system(s), Service process(es)), malfunction of any hardware (e.g. users computer, telephone/network system, servers or providers), or in general: internet traffic congestion. g) Under no circumstance will DIS be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website. h) DIS cannot guarantee (and does not promise) any specific results from use of the Website. i) DIS is not responsible for failing to deliver what We have promised on this Agreement because of something beyond Our reasonable control, including (but not limited to): disputes involving Our employees and/or suppliers. j) DIS is not responsible for any content that is deleted because it is considered “out of date” and/or needed to reduce server disk space.
- Limitation on Liability. a) In no event shall DIS be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including any lost profits arising from your use of the Website (even if DIS has been advised of the possibility of such damages). b) Notwithstanding anything to the contrary contained herein, DIS’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid (if any) by you to DIS (through the Service). c) Nothing in these terms and conditions shall exclude or limit DIS’s liability for death or personal injury caused by negligence.
- Indemnity. You agree to indemnify and hold DIS, its subsidiaries, affiliates, directors, officers, agents, partners and employees, harmless from any loss, liability, claim or demand, (including reasonable solicitor’s fees) – made by any third party due to or arising out of the use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. If a dispute arises between one or more users, each of you agree to release DIS, its officers, directors, agents, employees, contractors, and suppliers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Terminology. Unless otherwise specified, the term “e.g.” (and other similar terms) are deemed to include the term “without limitation” immediately thereafter.
- Modifications to this Agreement. a) DIS reserves the right to modify these terms from time to time (at the sole discretion of DIS), and such modifications shall be effective upon posting by DIS upon this Website (including an updated “date of last revision”). b) As such, you will be deemed to have accepted any alteration/amendment if you continue to use the Service. c) If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely fulfils the intent of the original provision, and the remainder of the Agreement shall remain in effect.
- Disputes. If there is any dispute about/involving the Website, you agree that the dispute will be governed solely by the laws of England and Wales without regard to its conflict of law provisions. You agree to exclusive personal jurisdiction by and venue in the courts of London, United Kingdom.
- Other. This Agreement contains the entire Agreement between you and DIS regarding the use of the Website. If any provisions of this Agreement are held invalid, the remainder of this Agreement shall continue in full force and effect. If We fail to exercise any right or remedy under this Agreement, that failure won’t operate as a waiver of that right or remedy, or prevent it from being exercised in the future.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.