These terms and conditions outline the rules and regulations for the use of DDBTO’s Website.
DDBTO is located at: Moorside House, Laneside, Wilsden, Bradford, West Yorkshire, BD15 0LZ, United Kingdom.
These Terms of Service (“Terms”) govern your access to and use of the services, including our various mobile applications, websites, SMS, API, email notifications, buttons, widgets, ads, and commerce services (the “Services” or “DDBTO”) and any information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
The Services that DDBTO provides are always evolving and the form and nature of the Services that DDBTO provides may change from time to time without prior notice to you. In addition, DDBTO may stop (permanently or temporarily) providing the Services (or any feature within the Services) to you or to users generally and may not be able to provide you with prior notice. Neither us nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Services. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by DDBTO on the Services are subject to change. In consideration for DDBTO granting you access to and use of the Services, you agree that DDBTO and its third party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You may not use the Services if you are under the age of 18. Any complaints will result in your eligibility to use the Services being suspended pending review.
The Content provided on the Services is provided “as is”, for informational purposes only, and is not guaranteed to be up to date. Reliance on any information provided on the Services is entirely at your own risk.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. You agree that you use the Services at your own risk. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites that you may have linked your account to. You should only provide Content that you are comfortable sharing with others under these Terms.
You agree not to post, transmit, distribute, upload, or otherwise disseminate through the Services any of the following –
- Material that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- Material that violates or causes us or our parent, affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
- Material that infringes or violates, or may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual property rights of any party, or that you otherwise do not have the right to make available;
- Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, credit card numbers, tax information, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Services or with any other person or entity;
- Material that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning (except in portions of the Services that are expressly designated in which such material is allowed);
- Comments that in any way refer to persons under 18 years of age;
- Viruses, corrupted data, or other harmful, disruptive or destructive files; or
- Material that, in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any of the Services or a part thereof, or which may expose us or our users to harm or liability of any nature.
We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that material. Although we have no obligation to screen, edit or monitor any material posted on or transmitted through the Services, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Services at any time and for any reason without notice.
If you post any Content on or through the Services, then, unless we indicate otherwise, you
- grant us and our parent, subsidiaries and affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material throughout the world in any media;
- grant us and our parent, subsidiaries, affiliates and sublicensees the right to use the name that you submit in connection with such material if we choose; and
- represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Services; and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.
EU Members’ rights under GDPR
European Union residents have the right to access, rectify, download or erase your information, as well as the right to restrict an object to the certain processing of your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances. We describe these rights below:
- Access and porting: You can access much of your information by logging into your account. You can also request a copy of your data in your settings.
- Rectify, restrict, limit, delete: You can also rectify, restrict, limit or delete much of your account information by logging into your account. You can also delete your account altogether by visiting settings. Please note that once deleted your account or its associated information cannot be reinstated.
- Object: Where we process your information based on our legitimate interests explained above, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. To raise an objection you will have to fill a form in your account settings which we will review and respond to.
- Revoke consent: Where you have previously provided your consent, such as to permit us to send you marketing emails, you have the right to withdraw your consent to the processing of your information at any time. You can do so by unsubscribing to our marketing emails. In certain cases, we may continue to process your information after you have withdrawn consent if we have a legal basis to do so or if your withdrawal of consent was limited to certain processing activities.
- Complain: Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.
Sharing Data and User Communication
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use passwords that are a combination of upper and lower case letters, numbers and symbols with your account. DDBTO cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
All right, title and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of DDBTO and its licensors. The Services are protected by copyright, and other laws of both the United Kingdom and foreign countries. Nothing in these Terms gives you a right to use the DDBTO name or any of the DDBTO logos, domain names, and other distinctive brand features. Any feedback, comment or suggestions you may provide regarding DDBTO or the Services, is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We, our affiliates, and our suppliers and licensors own all right, title and interest, including all intellectual property rights, in and to the Services. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim accounts without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests and (v) protect the rights, property or safety or DDBTO, its users and the public.
You may not do any of the following while accessing or using the Services (i) access, tamper with, or use non-public areas of the services, DDBTO’ computer systems, or the technical delivery systems of DDBTO providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures, (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by DDBTO (and only pursuant to those terms and conditions such as may be applicable), unless you have been specifically allowed to do so in a separate agreement with DDBTO, (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Ending These Terms
The Terms will continue to apply until terminated by either you or DDBTO as follows.
You may end your legal agreement with DDBTO at any time for any reason by deleting your accounts and discontinuing your use of the Services. You do not need to specifically inform DDBTO when you stop using the Services. If you stop using the Services without deleting your accounts, your accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service, (ii) you create risk or possible legal exposure for us, (iii) our provision or the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account. Nothing in this section shall affect DDBTO’ right to change, limit or stop the provision of the Services without prior notice, as provided above.
The Services may contain links to third-party websites or resources. You acknowledge and agree that DDBTO and its affiliates are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by DDBTO of such websites or resources or the content, products, or services available from such websites and resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such website or resources.
Disclaimer of Warranties
Your use of the Services, including, without limitation, your use of any Content accessible through the Services, and your interactions and dealings with any Services users, is at your sole risk. The Services and all content available on and through the Services are provided on an “as is” and “as available” basis. DDBTO and its suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. DDBTO does not warrant uninterrupted use or operation of the Services or your access to any content. No advice or information, whether oral or written, obtained by you from the Services will create any warranty regarding DDBTO that is not expressly stated in these Terms. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
Without limiting this section, DDBTO makes no warranties whatsoever, express or implied, regarding the accuracy, completeness, timeliness, or usefulness of any information contained or referenced in the Services. Health-related information changes frequently and therefore the information contained the Services may be outdated, incomplete or incorrect. DDBTO does not assume any risk whatsoever for your use of the Services or the information contained in the Services.
Limitation of Liability
You will not hold DDBTO responsible for any loss you may incur as a result of DDBTO taking any of the actions described in the Terms nor for other users’ actions or inactions, including, without limitation, Content they post.
Neither DDBTO nor its suppliers or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if DDBTO or any supplier or licensor has been advised of the possibility of these damages), arising out of or relating to your access to or use of, or your inability to access or use, the Services or any Content.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any Content you supply.
Although we use techniques that aim to verify the accuracy and the truth of the information provided by our users, user verification on the internet is difficult. DDBTO cannot and does not confirm, and is not responsible for ensuring, the accuracy and truthfulness of users’ purported identities or the validity of their data regarding their activities, or the information they post on our Services.
We cannot guarantee continuous or secure access to our Services, and operation of our sites may be interfered with by numerous factors outside our control. While we will use our reasonable endeavours to maintain uninterrupted Services, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our Services. We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees), shall not be liable to you in contract, tort (including negligence), or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or inability to use our Services.
Regardless of the previous paragraphs, if we are found to be liable, the maximum total liability of DDBTO and its suppliers and licensors to you for all claims under these Terms, whether in contract, tort, or otherwise, is GBP 100. By accepting these terms and using our Services, you waive your right to any Class Action Lawsuit against DDBTO
Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms the limitations in this section will apply even if any limited remedy fails of its essential purpose.
You will defend, indemnify and hold harmless the brand DDBTO, officers, directors, agents, subsidiaries, joint ventures, employees, subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
If a dispute arises between you and DDBTO, we strongly encourage you to first contact us directly to seek a resolution by going to the DDBTO Contact Us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures such as mediation and arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales. You and DDBTO both agree to submit to the non-exclusive jurisdiction of the English Courts.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
In our sole discretion, we may transfer our rights and obligations under these Terms with due notice (but without your prior express consent), provided that we assign the Terms on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
We may amend these Terms at any time by email or by posting the amended Terms on our Services. Except as stated elsewhere, all amended Terms shall automatically be effective 30 days after they are initially posted.
These Terms are the entire agreement between you and DDBTO and supersede all prior understandings and representations.
The following sections survive any termination of the Services by you or by DDBTO: Content, Ownership, Disclaimer of Warranty, Limitation of Liability, Indemnification, No Agency and Legal Disputes.