1.1 By using our Website you agree to be legally bound by these terms and conditions. If you do not agree to use the Website in accordance with these terms, please do not use it.
2.1 We reserve the right to:
a. update and change our Website at any time without notice to you in our sole discretion;
b. change these Terms from time to time as we see fit and your continued use of the Website constitutes your acceptance of any adjustment to these Terms;
c. cease publishing any or take offline any or all parts of the Website at any time, without notice to you.
3 Website Materials
3.1 Our Website contains materials which may be supplied to us by you, third parties or created by us (“Website Materials”) which we believe are useful, come from reliable sources. We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date. Diagrams, drawings and images are used as an indication only and may not be completely accurate. As a supplier of professional services, Website Materials may include specialised information. It is not intended to amount to advice on which you should rely. You must obtain professional and specialist advice before taking or refraining from any action on the basis of Website Materials. The Website Materials are provided on an “as is” basis.
3.2 You will not carry out any action, make any commitment, or provide any undertaking based on Website Materials alone or you may suffer loss, damage, expense, or other consequences which could have been avoided.
3.3 You accept as a condition of your use of the Website that you will not make any claim or seek to be indemnified for any loss, damage, expenses or other consequences that may arise against us.
4 Secure Access
4.1 By using the Website, you agree that you must not attempt to gain unauthorised access to our Website, the servers on which our Website is stored or operates, or any server, computer, database connected to our Website or interfere with its proper operation and related services, such as email communications.
4.2 We may establish general practices and limits concerning use of the Website, including without limitation the maximum number of bandwidth or pages you may access within any particular period of time, or deny you access to the Website without notice for no reason.
4.3 We will report any breach to relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them and any other details we may have in our possession or control.
4.4 In the event of breach of these terms, your license to use the Website ceases immediately and we may pursue any lawful remedy against you for breach of these Terms.
5 Linking and Framing
5.1 You may link to our Website from a property that you own, provided that you do so in a manner which is fair and legal, and does not:
a. damage our reputation;
b. suggest an endorsement, business connection, form of association or approval where to do so would be misleading and/or unlawful.
5.2 You will remove links to our Website promptly upon our request.
5.3 You will not frame our Website by any means or method.
6 Intellectual Property Rights
6.1 DWS and its third party licensors retain all intellectual property rights in the Website Materials and any other information or documentation published on Website from time to time. You will not use Website Materials for any purpose other than those set out in these Terms.
6.2 You may print and download electronic copies of Website Materials for your own personal use and refer to Website Materials to persons within your business for the purposes for acquiring our services.
6.3 You will not modify, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, licence, create derivative works from, transfer or try to sell any Website Materials without our consent, given in writing in advance.
6.4 You will not remove, alter, cover or obfuscate any copyright notices, trademark notices, watermarks, disclaimers, warnings or other notices placed on or embedded in Website Materials.
6.5 You are not permitted to use our trade marks or trade names without our permission given in writing.
6.6 You must not use any part of the content on our Website for commercial purposes without obtaining a written licence to do so from us and/or our third party licensors, as the case may be.
7 Third Party Content
7.1 The contents of other websites to which we link from the Website are not approved of nor endorsed by us. The references are intended to be useful to you, however we do not control the content on those websites. You should verify with a suitably skilled and experienced person the content published on external sites or resources.
7.2 You are solely responsible for evaluating the suitability of any goods or services offered by us or by third parties via the Website and we will not be party to or in any way responsible for any transactions between you any third party.
7.4 Where parts of our Website contain advertising and other material submitted to us by third parties, please note that those providers are responsible for ensuring that material submitted for inclusion on the Website complies with all legal requirements. We do not accept liability in respect of any such materials.
8 Our Liability to You
8.1 DWS does not warrant that the use of our Website will be uninterrupted or error-free.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
8.3 We exclude all implied conditions, warranties, representations or other terms which may apply to our Website or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (1) use of or inability to use the Website, and/or (2) use of or reliance on any content displayed on our Website.
8.4 We will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
8.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material which may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or due to downloading of any content on it, or on any website linked to it.
9.1 You will indemnify DWS against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising our or in connection with:
a. damage caused to our Website by you, as a result of your breach of these Terms and/or your negligence;
b. infringement of our or third parties’ Intellectual Property Rights; and/or
c. any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you.
10.1 Nothing in this Agreement affects your statutory rights which cannot be excluded by law.
10.2 No forbearance, delay or indulgence by either party in enforcing the provisions of this Agreement shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach. No right, power or remedy set out in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
10.3 Neither party shall be liable for any failure or delay in performance of this Agreement which is caused by circumstances beyond the reasonable control of a party (“Force Majeure Event”). During the Force Majeure Event the parties’ obligations shall be suspended and if the Force Majeure Event continues for a period of 14 days or more either party may terminate them.
10.4 Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.
10.5 Any notice or other communication required to be given to a party under or in connection with this Agreement shall be in writing and shall be delivered to the other party personally or by prepaid first class post, registered post, or commercial courier to the registered address of person, or to any other address as the party may have specified by notice.
10.6 This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and the parties hereby irrevocably submit to the jurisdiction of English Courts.
Unless the context otherwise requires, the terms used in this Agreement shall take the following meanings:
“intellectual property rights” means all patents, rights in inventions, rights in designs, trade marks, trade and business names and all associated goodwill, rights to sue for passing off, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights subsisting now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term.
Abbey Barn Road
UK: +44 (0) 1494 896 600
US: +1 888 769 3248
ANZ: +64 (0) 9427 99 56