Terms & Conditions

Introduction

1.1 This agreement (the ‘Agreement’) together with the documents referred to on it sets forth the terms and conditions by which DPW Landscapes Ltd. (we, us, DPW Landscapes) offers you to use: our website (https://www.dpw.landscapes.co.uk) regardless of how you access them.

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1.2 Please read these terms of use carefully before you start uing the site as they will create a binding agreement between you and us and will govern our relationship while you are sing our websites and apps.

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1.3. By accessing our site or using our services, you acknowledge that you understand, agree, and are bound by these terms. If you do not agree to these terms of use, please refrain from using our site.

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Accessing our Site

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2.1 Access to our site is permitted on a temporary basis only, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

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2.2 From time to time, we may restrict access to some parts of our site, or our entire site.​

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2.3 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

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Intellectual Property Rights

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3.1 We are the owner or the licensee of all intellectual property on our websites and apps, and of the material published on it. Those works are protected by copyright laws and treaties around the world. We, DPW Landscapes, any of our subsidiaries, partners, service providers, licensors or any other third parties related to us own and reserve all intellectual property rights and other rights and title in and to DPW Landscapes Ltd, and all data and content included therein, including, computer code, titles, objects, artwork, graphics, designs, photos, pictures, and methods of operation.

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3.2 We grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy our website for your individual, non-commercial purposes only and expressly conditioned upon your compliance with the terms of this Agreement. Unless otherwise expressly authorised by us in signed writing, you may not sell, copy, exchange, loan, reverse engineer, decompile, derive script from, translate, lease, grant security interest in, transfer, publish, assign or otherwise distribute any of DPW Landscapes intellectual property.

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3.3 You acknowledge and agree that unless we grant you a license, in a signed written contract, you may never use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress. Any reproduction, redistribution, or modification of DPW Landscapes and its properties, or use of DPW Landscapes or its properties, not in accordance with this Agreement, is expressly prohibited and may result in civil and/or criminal penalties.

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3.4. You acknowledge and agree that you have no claim, right, title, ownership, or other proprietary interest in the contents of the website, regardless of any consideration offered or paid in exchange.

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3.5. You acknowledge and agree that DPW Landscapes, any of our subsidiaries, partners, service providers, licensors or any other third parties related to us, shall not be liable in any manner for the deletion, modification, impairment, hacking, or any other damage or loss of any kind caused to content of the website, including deletion.

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3.6 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

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3.7 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

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3.8 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

 

3.9 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

3.10 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

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Reliance on Information Posted

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4.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.

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4.2 We therefore refuse all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

 

 

Site Modifications

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5.1 We put a lot of effort into continuously improving our services. This is why our site is updated regularly, and why it's content may change at any time. If the need arises, we may suspend access to our site, or close it indefinitely. You agree that we may change, update, suspend or restrict your access to any features, parts or the whole site, at any time, without notice or liability to you. 

 

5.2 Any of the material on our site may be out of date at any given time, and we are under no obligation to update any and all materials, whatsoever.

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Site Links

 

5.1 You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association or in misleading context.

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5.2 Appropriate link text should always be used in links pointing to our website.

 

5.3 Our site must not be framed on any other site or use any similar technology in relation to the content of the website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms.

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5.4 If you wish to make any use of material on our site other than that set out above or to link to us for commercial purposes, please address your request to dpw.landscapes@gmail.com

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5.5 You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.

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5.6 If you would like us to remove a link to your website that is included on this website, please contact us. Unless you have a legal right to demand removal, such removal will be at our discretion.

 

5.7 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

 

5.8 We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

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Your Data

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6.1 We monitor and may process information about you in accordance with our privacy policy.

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6.2 By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

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Emails & Promotional Content

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7.1 You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with.

 

7.2 If you don't want to receive such promotional materials or notices – please just notify us at any time. 

 

Prohibited Conduct

8.1 You are solely responsible for your conduct while on our site, and agree to abide by all laws, contracts, intellectual property and third-party rights.

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8.2 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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.

 

8.3 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.

 

8.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

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Indemnity

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9.1. You hereby acknowledge and agree to indemnify, defend and hold harmless DPW Landscapes Ltd, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us, our officers and directors from and against any and all claims, lawsuits, damages, losses, liabilities and costs that directly or indirectly arise or result from your use or misuse of the DPW Landscapes websites, or any of the services offered on the website, any violation by you of any of the provisions of this Agreement or the Privacy Policy or any infringement by you of any third party’s right.

 

9.2. DPW Landscapes reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which even you will cooperate with DPW Landscapes in asserting any available defences.

 

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Limitation of Liability

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10.1  Under no circumstances, and under no legal theory, whether in contract, tort (including negligence), strict liability or otherwise, shall DPW Landscapes Ltd be liable to you or any other person for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (including, damages for loss of business, loss of data, loss of goodwill, or lost profits), or any damages for gross negligence of any kind (including, damages for work stoppage, or any other commercial damages or losses) arising from your use or misuse of DPW Landscapes website and it's services, even if DPW Landscapes knew or should have known of the possibility of such damages. In no event shall we be liable for any damages in excess of any amount you have paid to us for provision of services, if any, during the six months immediately prior to the time your cause of action arose.

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10. 2. Notwithstanding the aforementioned limitations of liability nothing in this agreement shall limit DPW Landscapes’ liability:

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10.2.1. for damage from injury to life, body or health due to negligent breach of duty or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of DPW Landscapes.

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10.2.2. for other damage arising from a grossly negligent breach of duty by DPW Landscapes or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of DPW Landscapes;

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10.2.3. for intentional misconduct;

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10.2.4. for damage arising from a negligent breach of an obligation that is essential for the performance of the contract by DPW Landscapes to the extent that is typical and foreseeable;

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10.2.5. for any guarantee given by DPW Landscapes to you; and

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10.2.6. for any liability under a jurisdiction’s applicable services liability legislation.

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10.3. Because certain states or jurisdictions do not allow for exclusion or limitation of liability for certain types of losses or damages, in such states or jurisdictions, the liability of DPW Landscapes shall be limited to the fullest extent permitted by applicable law.

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Jurisdiction and Applicable Law

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11.1 These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services provided, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of England and Wales, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Oxford. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

11.2 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

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Alternative Dispute Resolution

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12.1. DPW Landscapes Ltd and you hereby agree to first attempt to informally negotiate any claim or dispute for at least 30 /thirty/ days.

 

12.2 You shall notify DPW Landscapes Ltd of any claims that you have by sending a notice to our business address.

 

12.3. This clause shall have no effect on any statutory rights to initiate a court proceeding in case of a dispute and shall not suspend any statutory limitation periods applicable to the bringing of a claim.

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Right to Change and Modify Terms

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13.1 At our sole discretion, DPW Landscapes reserve. the right to edit, add, or remove parts of this agreement. Therefore, you are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.

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13.2 . Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

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13.3 If we change these Terms of Use in a material manner, we will make a reasonable effort to notify you that material changes have been made to the Terms. Your continued use of the Website or our services after any such change constitutes your acceptance of the new Terms.

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13.4 If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or our services.

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Termination

14.1 DPW Landscapes reserves the right to terminate access to our site and block future use of our services if we deem these Terms of Use have been violated.

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Your Concerns

 

15.1 If you have any concerns about material which appears on our site, please contact dpw.landscapes@gmail.com.

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You hereby acknowledge and agree that you have read, understood, considered and accept this Agreement, and that by using or accessing the DPW Landscapes website, you are agreeing to be bound by the terms and conditions set forth herein.

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Thank you for visiting our site!