Our Terms of Service

These Terms of Service, together with our Cookie Policy and Privacy Policy (our "Terms"), set out the conditions for using the https://dsposal.uk/ website (our "Site") and all related applications, tools, software, API's data and other services provided by us (together with the Site referred to as the "Services").

1. Who we are and how to contact us

1.1. The Services are operated by us - Dsposal Ltd ("we", "us", "our"), a limited company incorporated in England and Wales with company number 10145252 and registered office at DH Business Support Ltd, Office 6, 12 Jordan Street, Liverpool, Merseyside, England L1 0BP.

1.2. To contact us, please email [email protected] or call us on 0161 327 2755.

2. Who you are and how we will contact you

2.1. Individuals, businesses, waste companies or anyone who creates an account with us ("you", "your", "yours").

2.2. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

3. Are you a business customer or a consumer?

3.1. In some areas you will have different rights under these Terms depending on whether you are a business customer or a consumer. You are a consumer if you are an individual and you are using the Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

4. Licence to use the Services

4.1. Subject to signing up to the Site and creating a log in or purchasing a subscription in accordance with these Terms, we grant to you a non-exclusive right to permit you to use the Services during the Subscription Term (as defined at clause 22.1), as specified in the description of your subscription type, for the purposes of enabling us to provide you with the Services.

4.2. You shall not use the licence granted to you for any purpose or in any manner other than as set out in these Terms.

5. By using our Services you accept these Terms

5.1. By using our Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Services.

6. We may make changes to these Terms, the Site or the Services

6.1. We may amend these Terms from time to time so please come back often to check.

6.2. We may need to update and change our Services, Site and/or its contents from time to time to reflect changes to our service, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes. However, please note that any of the content on our Services may be out of date at any given time, and we are under no obligation to update it.

6.3. We do not guarantee that our Services or any content on it will be free from errors or omissions.

6.4. We will use reasonable efforts to make the Services available 24 hours a day, seven days a week except for planned or unscheduled maintenance.

7. We may suspend or withdraw our Services

7.1. Unfortunately we cannot guarantee that our Services, or any content on them, will always be available or uninterrupted. We might have to suspend, withdraw or restrict the availability of all or any part of our Services for business and operational reasons, to deal with technical problems or make minor technical changes or to update the Services to reflect changes in relevant laws and regulatory requirements. We will try to give you reasonable notice of this.

7.2. We may also suspend the supply of the Services if you do not pay us in accordance with these Terms and you still do not make payment within 30 days of us reminding you that payment is due and we will continue to suspend the Services until you have paid us the outstanding amount.

7.3. You are responsible for ensuring that everyone who accesses our Services through your internet connection is aware of our Terms and complies with them.

8. Restrictions to the Services

8.1. Except as expressly set out in these Terms or as permitted by any local law, you agree to the following (together the "Licence Restrictions"):

8.1.1. to ensure that the users are aware of and comply with the Terms;

8.1.2. not to make alterations to, or modifications of, the whole or any part of the Services (or software forming any part of the Services) except as permitted;

8.1.3. not to rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the Services (or software forming any part of the Services);

8.1.4. not to attempt to disassemble, decompile, reverse engineer, reverse compile or attempt to create derivative works based on the whole or any part of the Services (or software forming any part of the Services), copy, modify, duplicate, frame, mirror, republish, download, display, transmit or distribute all or any portion of the Services (or software forming any part of the Services) in any form or media or attempt to do any such thing;

8.1.5. not to provide or make available the Services (or software forming any part of the Services), in whole or in part (including object and source code), or in any form, to any person or business without prior written consent from us;

8.1.6. not to access all or any part of the Services (or software forming any part of the Services) in order to build a product or service which competes with the Services (or software forming any part of the Services);

8.1.7. not to reproduce, duplicate, copy or re-sell any part of our Services (or software forming any part of the Services) in contravention of the provisions of our Terms;

8.1.8. access without authority, interfere with, damage or disrupt any part of our Services (or software forming any part of the Services); or

8.1.9. to comply with all applicable laws and regulations in relation to your use of the Services.

8.2. If our performance of our obligations under these Terms is prevented or delayed by any act or omission by you, your agents, subcontractors, consultants or employees, then, without prejudice to any other right or remedy we may have, we shall be allowed an extension of time to perform our obligations equal to the delay caused by you and we shall not be in breach of these Terms.

8.3. We reserve the right to disable your access to the Services if you breach any of these provisions.

9. You must keep your account details safe

9.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat this information as confidential and not share it with anyone else and you must ensure that your users are bound by this same provision.

9.2. We have the right to disable any user identification code or password at any time, if we reasonably think that you have failed to comply with any of our Terms.

9.3. You are solely responsible for preventing unauthorised access to, or use of, the Services. If you know or suspect that anyone other than you knows your user identification code or password, you must tell us as soon as possible at [email protected]

10. Charges and payment

10.1. You must pay the subscription fee (if applicable to your subscription type) in accordance with the provisions of these Terms.

10.2. How much is the subscription fee?

10.2.1. The subscription fee is as described on our Site in the description of your subscription type. We may increase the charges from time to time with effect from the beginning of the Renewal Term (as defined at clause 22.1). An independent third party payment gateway, will invoice you by email to the email address provided by you, for the charges at the start of each period, as specified in the description of your subscription type on our Site for Services to be performed during that period.

10.3. What happens if we do not receive payment?

10.3.1. If we have not received payment on the due date of your subscription fee, without prejudice to any other rights or remedies that we might have we may, without liability to you, disable your access to the Services and we shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid.

10.3.2. Without prejudice to any other right or remedy that you may have, if you fail to pay us any sum due under these Terms we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.

10.4. All amounts and fees stated or referred to in these Terms:

10.4.1. shall be payable in pounds sterling;

10.4.2. are non-cancellable and non-refundable; and

10.4.3. are exclusive of value added tax (VAT) for which you shall be responsible.

10.5. Increasing subscription fees:

10.5.1. we shall be entitled to increase the subscription fees at any time by notifying you at the email address that you provided when purchasing a subscription.

10.6. No right to set-off if you are a business customer:

10.6.1. if you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

11. How we may use your material if you are a business customer

11.1. For the purposes of these Terms, intellectual property rights are defined as patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

11.2. You are the owner or the licensee of all Intellectual Property Rights in documents, information, items and materials which are provided by you to us in connection with the Services ("Your Materials"). However you grant us a licence to use, copy, transmit, store and back-up your information and other data for the purposes of enabling you to access and use the Services and for any other purpose related to the provision of the Services to you and other clients including for the purposes of the licence given in clause 14.3. Where you grant us access to third party software or systems to extract data or information for our use or the use of third parties in accordance with these Terms, the Privacy Policy or any other agreement, you must ensure that you are licensed to do so under your terms with such third party. We will not be responsible if you breach any third party terms.

11.3. You shall keep us indemnified in full against all costs, expenses, damages and losses, including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by us as a result of or in connection with any claim brought against us, our agents, subcontractors or consultants for actual or alleged infringement of a third party's intellectual property rights arising out of, or in connection with, the receipt or use of Your Materials in the performance of these Terms.

12. How you may use material on our Site

12.1. We are the owner or the licensee of all Intellectual Property Rights in our Services and the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

12.2. You may download extracts of any pages from our Site for your personal use or in connection with your business and you may draw the attention of others within your organisation to content posted on our Site. However, you must not modify any copies that you take of the materials nor make additional copies of them nor use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

12.3. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

12.4. If you do not use the material on our Site in this way your right to use our Services will end straight away and, if we ask you to, you will have to return or destroy any copies of the materials you have made.

12.5. Any Content on our Services is provided as general information for your use of the Services. You should obtain professional advice before taking, or refraining from, any action on the basis of the content provided by us and made available via our Services.

12.6. Although we make reasonable efforts to update the information provided by or made available by us on our Site, we cannot represent, warrant or guarantee (whether expressly or impliedly) in any way that the content on our Site is accurate, complete or up to date.

12.7. To the extent necessary you grant us a perpetual, royalty-free licence to use aggregated and anonymised data derived from the data collected from your use of the Services including in relation to the Content that you upload in connection with the development of our Services and their promotion.

13. We are not responsible for websites we link to

13.1. Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. These links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

13.2. We have no control over and take no responsibility for the contents of those Sites or resources.

13.3. Please be aware that our Site contains Environment Agency information © Environment Agency and/or database right and you can locate the licence at https://www.gov.uk/government/publications/environment-agency-conditional-licence

14. We are not responsible for the Content you put on our Site

14.1. Whenever you upload data, information or content ("Content") in connection with our Services, you must comply with the Content standards set out in these Terms. You warrant that any upload or contribution does comply with those standards, and you will be liable to us and indemnify us against losses incurred as a result of any breach arising directly or indirectly from that warranty.

14.2. You retain all of your ownership rights in your Content, but you are required to grant us a licence to use, store and copy that Content only to the extent necessary for us to provide the Services except for in relation to the licences given in clause 11.2 above.

14.3. We have the sole discretionary right to disclose your identity to any third party in certain circumstances. These circumstances include if the third party is claiming that any Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy. You hereby waive any right or ability to make a claim against us as a result of any such disclosure provided the disclosure was made reasonably in the circumstances.

14.4. If you upload Content or input information onto our Site, or share any information through our Site, we are not responsible for this Content, its accuracy nor any information generated or provided by us or any third party in reliance on this Content.

14.5. If you upload Content or input information onto our Site, including within any interactive services offered by us, this Content or information must not be defamatory, obscene, offensive, hateful or inflammatory. It must not promote any illegal activity, sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age in any way. It must not infringe any intellectual property of any other person or breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence. It must not be likely to deceive any person or be threatening, abusive or invasive to another's privacy. It must not be likely to harass, upset, embarrass, alarm or annoy any other person and you must not impersonate any person or misrepresent your identity or affiliation with any person.

14.6. We are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service.

14.7. We have the right to remove without notice any Content if in our opinion, it does not comply with the Content standards set out in these Terms.

14.8. You are solely responsible for backing up your Content and information (including any information that you upload to the Services), and for any loss resulting from your failure to make such backups.

15. Data Protection

15.1. Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 2018.

15.2. Both parties will comply with its obligations under the provisions of the Data Protection Legislation in respect of the performance of its obligations under this agreement.

15.3. To the extent that we are a data controller we will comply with the Data Protection Legislation and our Privacy Policy.

15.4. For the purposes of this agreement, both parties agree that if we process any Personal Data (as defined in the Data Protection Legislation) on your behalf when performing our obligations under this agreement, you shall be the Data Controller (as defined in the Data Protection Legislation) and we shall be a Data Processor (as defined in the Data Protection Legislation) of such data.

15.5. You warrant, represent and undertake that all data sourced by you for use in connection with the Services shall comply in all respects, including in terms of its collection, storage and processing (which shall include you providing all of the required fair processing information to, and obtaining all necessary consents from, Data Subjects (as defined in the Data Protection Legislation), with the Data Protection Legislation and all instructions given by you to us in respect of Personal Data shall at all times be in accordance with the Data Protection Legislation. You shall indemnify and keep us indemnified in respect of all costs (including legal costs), claims, expenses, losses, damages, administrative fines, penalties, sanctions and other liabilities suffered or incurred by, awarded against or agreed to be paid by us arising from or in connection with a breach by you of this clause.

15.6. The subject-matter and duration of the processing, the nature and purpose of the processing, the type of Personal Data, the categories of Data Subjects and your obligations and rights are set forth in the Schedule. Without prejudice to the generality of this clause, we shall, in relation to any personal data processed under this agreement:

15.6.1. process the Personal Data only on documented written instructions from you as set out in this clause and the Schedule, including with regard to transfers of Personal Data to a third country or an international organisation, unless required to do so by applicable law to which we are subject and in such a case we shall inform you of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;

15.6.2. ensure that persons authorised to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

15.6.3. ensure that we have in place appropriate technical and organisational measures to ensure a level of security appropriate to the risk to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

15.6.4. not engage another processor without your prior written authorisation (such authorisation not to be unreasonably withheld, conditioned or delay) and any sub-processors shall be appointed under a written contract containing materially the same obligations as under this agreement and we shall remain fully liable to you for all acts and omissions of any sub-processers appointed pursuant to this agreement;

15.6.5. taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligations to respond to requests by data subjects exercising their rights under the Data Protection Legislation;

15.6.6. provide such reasonable assistance as the you reasonably require (taking into account the nature of processing and the information available to us) to you in ensuring compliance with your obligations under Data Protection Legislation with respect to security of processing, data protection impact assessments (as defined in the Data Protection Legislation), prior consultation with a supervisory authority regarding high risk processing and notifications to the supervisory authority and/or communications to the data subjects by you in response to any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, any protected data;

15.6.7. at your choice, delete or return all the personal data to you after the end of the provision of Services relating to processing, and delete existing copies unless applicable law requires storage of the personal data;

15.6.8. make available to you all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by us or another auditor mandated by us, provided:

15.6.8.1. you provide reasonable prior written notice of such information request, audit and/or inspection;

15.6.8.2. all information obtained or generated by you or your auditor(s) in connection with such information requests, inspections and audits is kept strictly confidential unless otherwise required by applicable law;

15.6.8.3. you ensure that such audit or inspection is undertaken during normal business hours, with minimal disruption to our business; and

15.6.8.4. you pays our reasonable costs for assisting with the provision of information and allowing for and contributing to inspections and audits; and

15.6.8.5. not transfer any personal data outside of the European Economic Area without your prior written consent.

15.6.9. You acknowledge and accept that once your data has been inputted into the Services it will be accessible by all users. It is the your sole responsibility to ensure that any sensitive data or data subject to restrictions (including data protection and safeguarding restrictions) are, where appropriate, not uploaded to the Services.

15.6.10. From time to time, we may make available to you features within the Services which allow for the exportation of your data. This may include exportation to management information systems; applications provided by third parties such payment gateways; and other application programming interface links. You have sole responsibility for ensuring that you comply with any procedures, policies, guidelines, regulations or laws that may apply to you in relation to such exportation. Where any of your data is being exported to applications provided by third parties, you agree and acknowledge that this is a third party application and that we shall have no liability or obligation in relation to the use of your data on any such third party application.

16. Our responsibility for loss or damage suffered by you

16.1. 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 or fraud or fraudulent misrepresentation. To the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms that may apply to our Services or any Content on them.

16.2. We are not liable if a third party gains access to the Services. You acknowledge that the internet is an open system and we cannot guarantee that third parties will not unlawfully access the Services. We will do everything we reasonably can to ensure that this does not happen but we will not be liable for a breach of these Terms if a third party does gain access to the Services as long as we use reasonable measures to prevent this are otherwise complying with our obligations.

16.2.1. 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, whether suffered directly or indirectly arising under or in connection with any:

16.2.1.1. use of, or inability to use, our Services; or

16.2.1.2. use of, or reliance on, any Content displayed on our Services whether provided by us or you.

16.2.2. In particular, we will not be liable for:

16.2.2.1. loss of data;

16.2.2.2. loss of profits, sales, business, or revenue;

16.2.2.3. business interruption;

16.2.2.4. loss of anticipated savings;

16.2.2.5. loss of business opportunity, goodwill or reputation;

or 16.2.2.6. any indirect or consequential loss or damage.

17. If you are a consumer only:

17.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is foreseeable result of our breaking this agreement, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen.

18. If you are a business customer only:

18.1. The above provisions on loss or damage suffered by you will apply except that our total liability to you for all other losses not listed above arising under or in connection with any contract between us, whether in contract, tort, (including negligence), breach of statutory duty, or otherwise, shall be limited to the lower of £20,000 and the Charges paid by you in the 12 months preceding an applicable claim.

19. We are not responsible for viruses and you must not introduce them

19.1. Although we take pride in delivering our Services to a high standard, we do not guarantee that our Services will be secure or free from bugs, viruses or malicious malware.

19.2. You are responsible for configuring your information technology, computer programmes, devices and platforms to access our Services safely. You should use your own virus protection software.

19.3. You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

20. Rules about linking to our Site

20.1. You may link to our home page, as long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

20.2. You can establish a link to our Site in any website that is not owned by you but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

20.3. We reserve the right to withdraw linking permission without notice.

20.4. If you wish to link to or make any use of Content on our Site other than that set out above, please contact [email protected]

21. Duration of the agreement

21.1. This agreement will continue for the length of the Subscription Term, unless otherwise terminated in accordance with these Terms.

22. When will the agreement commence?

22.1. This agreement shall, unless otherwise terminated in accordance with these Terms, commence on the date that this agreement is entered into and shall continue for the period you select from our Site ("Initial Subscription Term") and thereafter the agreement will be automatically renewed for successive periods of the same length ("Renewal Term") unless an alternative subscription is selected. The Initial Subscription Term together with any subsequent Renewal Terms shall constitute the "Subscription Term".

23. How long will the agreement last?

23.1. We will supply the Services to you until the subscription expires or you end the agreement or we end the agreement as per these Terms.

24. Your rights to end the agreement if you are a consumer

24.1. You may end the agreement at any time. To end the agreement with us, log in to your account on our Site and select to delete your account. This will end your subscription and delete your account with immediate effect. Alternatively, end your subscription at any time without deleting your account by selecting to end your subscription. Once the subscription has ended you will continue to have access to the relevant Services until the end of the Renewal Period for which payment has been received and at the end of this period your account will transfer to a free user account.

25. Your rights to end the agreement if you are a business customer

25.1. You may end the agreement at any time. To end the agreement with us, log in to your account on our Site and select to delete your account. This will end your subscription and delete your account with immediate effect. Alternatively, end your subscription at any time without deleting your account by selecting to end your subscription. Once the subscription has ended you will continue to have access to the relevant Services until the end of the Renewal Period for which payment has been received and at the end of this period your account will transfer to a free user account.

26. Our rights to end the agreement

26.1. We may end the agreement at any time if you break it:

26.1.1. by not making any payment to us when it is due;

26.1.2. by committing a material or persistent breach of these Terms which you fail to remedy (if remediable) within 7 days of written notice;

26.1.3. by breaching the Licence Restrictions or any of our Intellectual Property Right provisions; or

26.1.4. if at any time we reasonably suspect that you may have breached any provision of this agreement relating to viruses.

26.2. If you break the agreement:

26.2.1. we may stop providing the Services and/or block and terminate your user rights; 26.2.2. all rights or licences granted to you shall cease;

26.2.3. you must immediately cease all activities authorised by these terms and immediately delete or remove the Services from all your devices and ensure all users delete or remove the Services from their devices.

27. When the agreement comes to an end

27.1. When the agreement comes to an end for any reason:

27.1.1. any licence granted shall immediately terminate and you shall immediately stop using all of the Services;

27.1.2. we shall not provide any refund for any remaining pre-paid period for prepaid charges in accordance with your subscription type selected from our Site;

27.1.3. you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of the Services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt; and

27.1.4. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination or expiry shall not be affected.

28. Our obligations in respect of confidentiality

28.1. The parties shall keep in strict confidence all respective confidential information and all technical or commercial know-how, specifications, inventions, designs, processes or initiatives which are of a confidential nature and have been disclosed to each other (Confidential Information). The parties shall restrict disclosure of any of the Confidential Information to anyone else save for those employees, officers, representatives or advisers of each party who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this contract. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's Confidential Information comply with this clause. Each party may also disclose the other party's Confidential information as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

29. We may transfer this agreement to someone else

29.1. We may assign or transfer our rights and obligations under these Terms to another organisation.

30. Parties to the agreement

30.1. This agreement is between you and us. No other person shall have any rights to enforce any of its terms. You shall not assign or transfer your rights and obligations under these Terms.

31. If a court finds part of this agreement illegal, the rest will continue in force

31.1. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them or any part of them are unlawful, the remaining paragraphs or parts of paragraphs will remain in full force and effect. If any unlawful paragraph of this contract would be lawful if some part of it were deleted, we shall negotiate to amend the paragraph to make it lawful.

32. Even if we delay in enforcing this contract, we can still enforce it later

32.1. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

33. We are not responsible for delays outside of our control

33.1. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Time will not be of the essence and we will not be liable for delays caused by the event.

34. How either party can give notice under these Terms

34.1. Any notice given under these Terms by either party to the other must be in writing and will be deemed to have been given on transmission. Notices to Dsposal Ltd must be sent to [email protected] or to any other email address notified by email to you by Dsposal Ltd. Notice to you will be sent to the email address you provided when setting up your account for the Services. We reserve the right to send notices to the address provided by you when registering for an account.

35. These Terms set out the entire agreement and understanding between us

35.1. These Terms constitute the entire agreement between us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You acknowledge that you have not relied on any statement promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

36. Which country's laws apply to any disputes?

36.1. These Terms, their subject matter and formation are governed by English Law. If you are a business customer, we both agree to the exclusive jurisdiction of the courts of England and Wales. If you are a consumer, we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

SCHEDULE - DATA PROCESSING DETAILS

1. Subject-matter of processing:

Processing personal data that is either provided by the end user or necessary to provide the Services

2. Duration of the processing:

For the same duration as the information is necessary and relevant to provide the Services

3. Nature and purpose of the processing:

Collection, storage, use, disclosure, organisation, restriction, erasure, destruction

4. Type of personal data:

Names, addresses, email addresses, telephone numbers, dates of birth, signature, nationality

5. Categories of data subjects:

End users of the Service and individuals referred to in documents uploaded by end users of the Services