Terms and Conditions
1. Introduction 1.1 These terms and conditions shall govern your use of our website and the provision of our services.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com), and has been subsequently amended by us. You must retain the above credit. Use of this document without the credit is an infringement of copyright. However, you can purchase from SEQ Legal an equivalent document that does not include the credit.
3. Copyright notice
3.1 Copyright (c) 2019 Dilato Technology LTD)
3.2 Subject to the express provisions of these terms and conditions: (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Permission to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive; and
(e) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website and the services we provide through it for your own business purposes; you must not use our website for any other purposes, including without limitation purposes outside of your trade, business, craft or profession.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
5. Misuse of website
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities. In order to protect the legitimate business interests of Dilato Technology LTD, by using our website you covenant with Dilato Technology LTD that you shall not (except with the prior written consent of Dilato Technology LTD) solicit or entice away (or attempt to solicit or entice away) from Dilato Technology LTD the business or custom of any Restricted Customer.
5.3 Your covenant set out in Section 5.2 shall be binding whilst you keep an account on our website under Section 6, and for a period of 12 months after the cancellation of your account.
5.4 For the purposes of Section 5.2, a Restricted Customer shall mean any firm, company or person who is or has been at any time during the immediately preceding 12 months a customer of, or in the habit of dealing with, Dilato Technology LTD in respect of services provided through our website.
5.5 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Registration and accounts
6.1 To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website and clicking on the verification link in the email that the website will send to you.
6.3 You must not allow any other person to use your account to access the website. 6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
7. User login details
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may, at any time in our sole discretion with or without notice to you:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details.
8.2 We will usually cancel an account if it remains unused for a continuous period of 12 months.
8.3 You may cancel your account on our website by contacting us at [email protected]. Your cancellation will take effect at the end of your 30-day billing period or at the end of your 365-day period depending on your subscription type, and you will have access to your account until then.
8.4 Any payments made by an account in accordance with this Agreement shall, once they are paid, not be refundable nor creditable for any reason whatsoever.
9. Our rights to use your content
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Rules about your content
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
11. Limited Warranties
11.1 We do not warrant or represent: (a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions: (a) are subject to Section 12.1; and (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that our website and the information and services on our website are provided free of charge or on a paid basis, we will not be liable for any loss or damage of any nature, arising under or in connection with use of, or inability to use, our website; or use of or reliance on any content displayed on our website.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control, including without limitation the inaccuracy of incompleteness of information supplied by third parties.
12.5 Services are provided only for the benefit of registered users. You may only use our services according to applicable law. We will not be liable for the use you make of our services. You shall indemnify Dilato Technology Ltd, its officers and employees (Indemnified Party) against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by an Indemnified Party arising out of or in connection with any claim made against an Indemnified Party by a third party arising out of or in connection with your use of services provided by Dilato Technology Ltd.
12.6 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.7 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.8 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.9 Subject to Clause 12.1, our total liability for you for all other losses arising under or in connection with any contract between you and us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you in relation to the 30-day period(s) in which we provided the services giving raise to the claim.
12.10 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.11 We will not be liable to you in respect of any “Gold Asin” and/or “Product Hunter” purchases. (https://dilato.co.uk/gold-asins)
12.12 We will not be liable to you in respect of any products (ASINs) added to your account.
12.13 We will not be liable to you in respect of any VERO, Trademark and/or any other claim which may be made against your account.
13. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or (g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14. Price and payment
14.1 On registering for an account with our website, you will be required to choose a 30 day subscription plan. Access to the services according to a subscription plan shall start once we confirm that your account has been set up. Your subscription shall last for a period of 30 days, which shall be automatically renewed unless you cancel your subscription in accordance with Section 8.3. You may apply to change your subscription plan by contacting us at [email protected]. The effect of any changes in your subscription plan will take effect at the end of the 30-day period following our confirmation of acceptance of your application.
14.2 The price for each subscription plan includes VAT and is payable in advance at the beginning of each 30-day period. Your debit or credit card will be charged at the beginning of each 30-day period through our payment processing system.
14.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank UK PLC 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 any overdue amount.
14.5 If you think an invoice / charge is wrong please contact us promptly at [email protected] to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15.1 We may revise these terms and conditions from time to time.
15.2 The revised terms and conditions shall apply to the use of our website and the provision of our services from the date of publication of the revised terms and conditions on the website. We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website and the provision of our services from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website and our services and cancel your account according to Section 8.3.
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Third party rights
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
19. Entire agreement
19.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
20. Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with English law.
20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
21. Statutory and regulatory disclosures
21.1 We are registered in companies house; you can find the online version of the register at https://beta.companieshouse.gov.uk/, and our registration number is 10960237.
21.2 We are registered as Dilato Technology LTD with Companies house in the United Kingdom.
22. Our details
22.1 This website is owned and operated by Dilato Technology LTD
22.2 We are registered in England and Wales under registration number 10960237, and our registered office is at 20-22 Wenlock Road, London, N17GU.
22.3 Our principal place of business is at 20-22 Wenlock Road, London, N17GU.
22.4 You can contact us:
(a) using our website contact form;
(b) by telephone, on the contact number published on our website; or
(c) by email, using the email address published on our website.