[Last modified 05 September 2019]
1.1. The Site is operated by us - Dsposal Ltd ("we", "us", "our"), a limited company incorporated in England and Wales with company number 10145252 and registered office at Mi-IDEA, Bright Building, 5 Pencroft Way, Manchester, M15 6GZ.
1.2. To contact us, please email firstname.lastname@example.org or call us on 0161 327 2755.
2. Who you are
2.1. Individuals, businesses, waste companies or anyone who has not created an account with us ("you", "your", "yours").
3. By using our Site you accept these Terms
3.1. By using our Site, 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 Site.
4. We may make changes to these Terms and the Site
4.1. We may amend these Terms from time to time so please come back often to check.
4.2. We may need to update and change our 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 However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
4.3. We do not guarantee that our Site or any content on it will be free from errors or omissions.
4.4. We will use reasonable efforts to make the Site available 24 hours a day, seven days a week except for planned or unscheduled maintenance.
5. We may suspend or withdraw our Site
5.1. Unfortunately we cannot guarantee that our Site, or any content on it, will always be available or uninterrupted. We might have to suspend, withdraw or restrict the availability of all or any part of our Site for business and operational reasons, to deal with technical problems or make minor technical changes or to update the Site to reflect changes in relevant laws and regulatory requirements. We will try to give you reasonable notice of this.
5.2. You are responsible for ensuring that everyone who accesses our Site through your internet connection is aware of our Terms and complies with them.
6. Restrictions to the Site
6.1. Except as expressly set out in these Terms or as permitted by any local law, you agree to the following (together the "Use Restrictions"):
6.1.1. not to make alterations to, or modifications of, the whole or any part of the Site (or software forming any part of the Site) except as permitted;
6.1.2. not to rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the Site (or software forming any part of the Site);
6.1.3. 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 Site (or software forming any part of the Site), copy, modify, duplicate, frame, mirror, republish, download, display, transmit or distribute all or any portion of the Site (or software forming any part of the Site) in any form or media or attempt to do any such thing;
6.1.4. not to provide or make available the Site (or software forming any part of the Site), 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;
6.1.5. not to access all or any part of the Site (or software forming any part of the Site) in order to build a product or service which competes with the Site (or software forming any part of the Site);
6.1.6. not to reproduce, duplicate, copy or re-sell any part of our Site (or software forming any part of the Site) in contravention of the provisions of our Terms;
6.1.7. access without authority, interfere with, damage or disrupt any part of our Site (or software forming any part of the Site); or
6.1.8. to comply with all applicable laws and regulations in relation to your use of the Site.
7. You must keep your account details safe
7.1. 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.
7.2. 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.
7.3. You are solely responsible for preventing unauthorised access to, or use of, the Site. 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@example.com
8. How you may use material on our Site
8.1. We are the owner or the licensee of all Intellectual Property Rights in our 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.
8.2. 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.
8.3. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
8.4. If you do not use the material on our Site in this way your right to use our Site 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.
8.5. Any Content on our Site is provided as general information for your use of the Site. 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 Site.
8.6. 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.
8.7. 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 Site including in relation to the Content that you upload in connection with the development of our Site and its promotion.
9. We are not responsible for websites we link to
9.1. 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.
9.2. We have no control over and take no responsibility for the contents of those Sites or resources.
9.3. 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/environment-agency-conditional-licence
10. We are not responsible for the Content you put on our Site
10.1. Whenever you upload data, information or content ("Content") in connection with our Site, 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.
10.2. 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 Site.
10.3. 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 Site 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.
10.4. 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.
10.5. If you upload Content or input information onto our Site, including within any interactive Site 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.
10.6. 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.
10.7. 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.
10.8. You are solely responsible for backing up your Content and information (including any information that you upload to the Site), and for any loss resulting from your failure to make such backups.
11. Data Protection
11.1. 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.
11.2. 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.
12. Our responsibility for loss or damage suffered by you
12.1. 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 Site or any Content on it.
12.2. We are not liable if a third party gains access to the Site. You acknowledge that the internet is an open system and we cannot guarantee that third parties will not unlawfully access the Site. 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 Site as long as we use reasonable measures to prevent this are otherwise complying with our obligations.
12.2.1. 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:
188.8.131.52. use of, or inability to use, our Site; or
184.108.40.206. use of, or reliance on, any Content displayed on our Site whether provided by us or you.
12.2.2. In particular, we will not be liable for:
220.127.116.11. loss of data;
18.104.22.168. loss of profits, sales, business, or revenue;
22.214.171.124. business interruption;
126.96.36.199. loss of anticipated savings;
188.8.131.52. loss of business opportunity, goodwill or reputation; or
184.108.40.206. any indirect or consequential loss or damage.
13. We are not responsible for viruses and you must not introduce them
13.1. Although we take pride in delivering our Site to a high standard, we do not guarantee that our Site will be secure or free from bugs, viruses or malicious malware.
13.2. You are responsible for configuring your information technology, computer programmes, devices and platforms to access our Site safely. You should use your own virus protection software.
13.3. You must not misuse our Site 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 Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site 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 Site will cease immediately.
14. Rules about linking to our Site
14.1. 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.
14.2. 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.
14.3. We reserve the right to withdraw linking permission without notice.
14.4. If you wish to link to or make any use of Content on our Site other than that set out above, please contact firstname.lastname@example.org
15. Which country's laws apply to any disputes?
15.1. 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.