Background
These Terms of Use, together with any documents referred to herein, set out the terms under which you may access and use this website, https://www.dsdevices.com (“Our Site”), and the DSD Selector App.
Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site or the DSD Selector App.
If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site and the DSD Selector App immediately.
These Terms of Use do not apply to the sale of goods. Please refer to our Terms of Sale for information relating to purchases made through Our Site.
1. Definitions and Interpretation
1.1
In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required for a User to access and/or use certain areas of Our Site;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site or the DSD Selector App;
“User” means a user of Our Site or the DSD Selector App;
“User Content” means any content submitted by Users including, but not limited to, reviews and comments;
“We/Us/Our” means EV4 Limited, a company registered in England and Wales under company number 07986640.
2. Information About Us
2.1
Our Site, https://www.dsdevices.com, and the DSD Selector App are owned and operated by EV4 Limited, a company registered in England and Wales under company number 07986640.
Registered Office and Principal Place of Business:
KAD House
Portsmouth Road
Esher
Surrey KT10 9AD
United Kingdom
Email: info@dsdevices.com
Privacy Contact: privacy@dsdevices.com
UK VAT Number: GB131428934
EU VAT Number: NL828345053B01
3. Access to Our Site
3.1
Access to Our Site is provided free of charge.
3.2
It is your responsibility to make any arrangements necessary to access Our Site.
3.3
Access to Our Site is provided on an “as is” and “as available” basis. We may alter, suspend or discontinue Our Site, the DSD Selector App, or any part thereof at any time and without notice.
We shall not be liable if Our Site or the DSD Selector App is unavailable at any time or for any period.
4. Accounts
4.1
Certain areas of Our Site may require an Account.
4.2
You may not create an Account if you are under 18 years of age.
4.3
When creating an Account, the information you provide must be complete and accurate.
You are responsible for keeping your information up to date.
4.4
We recommend that you choose a strong password consisting of a combination of upper-case letters, lower-case letters, numbers and symbols.
You are responsible for maintaining the confidentiality of your password and Account.
If you believe your Account is being used without your permission, please contact Us immediately at privacy@dsdevices.com.
We will not be liable for any unauthorised use of your Account.
4.5
You must not use another person’s Account without their express permission.
4.6
Personal information associated with your Account will be processed in accordance with Our Privacy Policy.
4.7
You may close your Account at any time.
Closing your Account may result in the removal of personal information and loss of access to account-restricted areas of Our Site.
Order history, serial numbers and warranty-related information may be retained where necessary for contractual, legal or warranty purposes.
4.8 DSD Selector App
The DSD Selector App is provided as a product and software recommendation tool.
Information submitted through the DSD Selector App may be processed in accordance with Our Privacy Policy for the purpose of providing product recommendations, responding to enquiries, supporting customers and improving Our products and services.
The DSD Selector App does not store project files, device configurations or user-generated content on behalf of users.
5. Intellectual Property Rights
5.1
Except for User Content, all Content on Our Site and the DSD Selector App, including all intellectual property rights therein, belongs to or is licensed to EV4 Limited.
5.2
Unless expressly permitted, you may not reproduce, copy, distribute, sell, rent, sublicense, store or otherwise reuse Content from Our Site or the DSD Selector App.
5.3
You may:
• access and use Our Site in a web browser;
• download content for caching purposes;
• print a single copy of pages for personal or internal business use;
• save pages for future reference.
5.4
Our ownership and authorship of Content must always be acknowledged.
5.5
Content may not be reused for commercial purposes without our prior written consent.
5.6
Nothing in these Terms restricts any rights available under applicable copyright laws.
6. User Content
6.1
User Content may include reviews, comments and other submissions.
6.2
An Account may be required to submit User Content.
6.3
You are solely responsible for any User Content you submit.
6.4
You agree to indemnify Us against losses arising from your breach of this Clause.
6.5
You retain ownership of User Content but grant Us a worldwide, perpetual, irrevocable, royalty-free licence to use, reproduce, adapt, publish and distribute that User Content for the operation and promotion of Our Site.
6.6
You may request removal of User Content submitted by you.
6.7
We reserve the right to remove or modify User Content that breaches these Terms.
6.8
Opinions expressed in User Content are those of the relevant User and do not necessarily reflect Our views.
7. No Scraping, Text or Data Mining
You may not undertake, enable, permit or facilitate:
• web scraping;
• text or data mining;
• automated extraction of content;
• automated collection of data;
• development or training of artificial intelligence systems using any part of Our Site or Content.
These restrictions apply to the fullest extent permitted by law.
8. Links to Our Site
You may link to Our homepage provided that:
• the link is fair and lawful;
• it does not suggest endorsement by EV4 Limited where none exists;
• it does not misuse Our intellectual property;
• it does not damage Our reputation.
Deep linking, framing or embedding requires prior written consent.
9. Links to Third-Party Websites
Our Site may contain links to third-party websites.
Such links are provided for convenience only.
We have no control over third-party websites and accept no responsibility for their content, policies or practices.
10. Liability and Disclaimers
10.1
Content on Our Site and the DSD Selector App is provided for general information purposes only and does not constitute professional advice.
10.2
To the fullest extent permitted by law, We make no warranties regarding availability, compatibility, security or accuracy.
10.3
We make reasonable efforts to keep Content accurate and current but do not guarantee that all Content will always be complete, accurate or up to date.
10.4
To the fullest extent permitted by law, We shall not be liable for any loss arising from the use of, inability to use, or reliance upon Our Site, the DSD Selector App or any Content.
10.5
Business users acknowledge that We shall not be liable for:
• loss of profits;
• loss of sales;
• loss of business opportunity;
• loss of goodwill;
• loss of anticipated savings;
• business interruption; or
• indirect or consequential losses.
10.6
Nothing in these Terms excludes liability that cannot legally be excluded, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence.
11. Viruses, Malware and Security
You must not:
• introduce viruses or malicious code;
• attempt unauthorised access;
• attack Our systems;
• interfere with operation of Our Site or services.
Breaches may be reported to law enforcement authorities and may result in immediate suspension of access.
12. Acceptable Usage Policy
You must use Our Site and the DSD Selector App lawfully and responsibly.
You must not:
• engage in unlawful conduct;
• submit offensive, defamatory or discriminatory content;
• infringe intellectual property rights;
• violate privacy rights;
• impersonate others;
• distribute malware or harmful code.
We reserve the right to suspend or terminate access where these provisions are breached.
13. Privacy and Cookies
Use of Our Site and the DSD Selector App is governed by Our Privacy Policy and Cookie Policy.
These policies are incorporated into these Terms of Use by reference.
14. Changes to These Terms
We may amend these Terms of Use from time to time.
Changes become effective upon publication on Our Site.
Continued use of Our Site or the DSD Selector App constitutes acceptance of the revised Terms.
15. Contacting Us
For general enquiries:
Email: info@dsdevices.com
Website: https://www.dsdevices.com
16. Communications from Us
16.1
We may send important service-related communications where necessary.
16.2
Marketing communications will only be sent where permitted by applicable law or where consent has been provided.
Recipients may unsubscribe at any time.
16.3
Questions or complaints regarding communications, privacy or marketing may be directed to:
17. Data Protection
17.1
All personal data collected, processed and stored by Us shall be handled in accordance with applicable data protection legislation, including:
• UK General Data Protection Regulation (UK GDPR);
• EU General Data Protection Regulation (EU GDPR);
• Data Protection Act 2018; and
• related data protection legislation.
17.2
For full details regarding how We collect, process, store, retain and share personal data, including international transfers and your legal rights, please refer to Our Privacy Policy and Cookie Policy.
18. Law and Jurisdiction
18.1
These Terms of Use and any dispute arising from them shall be governed by and construed in accordance with the laws of England and Wales.
18.2
Any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom shall be subject to the exclusive jurisdiction of the courts of England and Wales.
18.3
These Terms of Use are intended primarily for business users. Where mandatory local consumer protection laws apply, nothing in these Terms of Use shall restrict any rights that cannot legally be excluded under applicable law.