Website usage Terms and Conditions

[Last updated January 2024]

The following terms and conditions govern all use of the dkwuk.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by DKW IT Consultancy Services Limited (“DKW”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, DKW Privacy Policy) and procedures that may be published from time to time on this Site by DKW (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by DKW, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

1. Your dkwuk.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. DKW may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause DKW liability. You must immediately notify DKW of any unauthorised uses of your account or any other breaches of security. DKW will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Content. By submitting Content to DKW, you grant DKW a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of providing service to You. If you delete Content, DKW will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, DKW has the right (though not the obligation) to, in DKW sole discretion (i) refuse or remove any content that, in DKW reasonable opinion, violates any DKW policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in DKW sole discretion. DKW will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal.
   1. General Terms. By selecting a product or service, you agree to pay DKW the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
   2. Automatic Renewal. Unless you notify DKW before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time by submitting your request to DKW in writing.
   3. Fees; Payment. By signing up for a Services account you agree to pay DKW the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. DKW reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be cancelled by you at any time on thirty (30) days written notice to DKW.
4. Responsibility of Website Visitors. DKW has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, DKW does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which dkwuk.com links, and that link to dkwuk.com. DKW does not have any control over those non-DKW websites and webpages, and is not responsible for their contents or their use. By linking to a non-DKW website or webpage, DKW does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. DKW disclaims any responsibility for any harm resulting from your use of non-DKW websites and webpages.
6. Copyright Infringement. As DKW asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by dkwuk.com violates your copyright, you are encouraged to notify DKW in accordance with DKW Policy. DKW will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. DKW will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of DKW or others. In the case of such termination, DKW will have no obligation to provide a refund of any amounts previously paid to DKW.
7. Intellectual Property. This Agreement does not transfer from DKW to you any DKW or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DKW. DKW, dkwuk.com, the dkwuk.com logo, and all other trademarks, service marks, graphics and logos used in connection with dkwuk.com, or the Website are trademarks or registered trademarks of DKW or DKW licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any DKW or third-party trademarks.
8. Changes. DKW reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. DKW may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Termination. DKW may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your dkwuk.com account (if you have one), you may simply discontinue using the Website or Services. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by DKW if you materially breach this Agreement and fail to cure such breach within thirty (30) days from DKW notice to you thereof; provided that, DKW can terminate the account immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties. The Website is provided “as is”. DKW and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DKW nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability. In no event will DKW, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DKW under this agreement during the twelve (12) month period prior to the cause of action. DKW shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the DKW Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States, United Kingdom or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
13. Indemnification. You agree to indemnify and hold harmless DKW, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
14. Miscellaneous. This Agreement constitutes the entire agreement between DKW and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of DKW, or by the posting by DKW of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the London, United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in London, United Kingdom. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; DKW may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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